```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5166 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5166

   To establish a comprehensive program for worker reemployment, to 
 facilitate the establishment of one-stop career systems to serve as a 
     common point of access to employment, education, and training 
    information and services, to establish a national labor market 
              information program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 1994

  Mr. Ford of Michigan (for himself and Mr. Williams) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL

 
   To establish a comprehensive program for worker reemployment, to 
 facilitate the establishment of one-stop career systems to serve as a 
     common point of access to employment, education, and training 
    information and services, to establish a national labor market 
              information program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reemployment Act 
of 1994''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
         TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

Sec. 101. Allotment.
Sec. 102. Recapture and reallotment of unexpended funds.
Sec. 103. Eligibility for services.
             Subtitle A--State and Substate Delivery System

Sec. 111. State administration and oversight.
Sec. 112. Designation and functions of State dislocated worker unit.
Sec. 113. Development and maintenance of State and local labor market 
                            information program.
Sec. 114. Coordination with worker profiling and retraining income 
                            support programs.
Sec. 115. State grants for areas of special need, populations in need, 
                            and special projects.
Sec. 116. Establishment of substate administrative structure.
Sec. 117. Services to be provided to eligible individuals. 
Sec. 118. Certificates of continuing eligibility.
              Subtitle B--Federal Service Delivery System

Sec. 121. Federal reemployment unit.
Sec. 122. National discretionary grant program.
Sec. 123. Disaster relief employment assistance.
Sec. 124. Evaluation, research, and demonstrations.
Sec. 125. Capacity building and technical assistance.
Sec. 126. Federal bypass authority.
    Subtitle C--Performance Standards and Quality Assurance Systems

Sec. 131. Performance standards.
Sec. 132. Customer feedback.
Sec. 133. Eligibility requirements for providers of education and 
                            training services.
                    Subtitle D--Program Requirements

Sec. 141. General requirements.
Sec. 142. Benefits.
Sec. 143. Labor standards.
Sec. 144. Grievance procedure.
              Subtitle E--Fiscal Administrative Provisions

Sec. 151. Program year.
Sec. 152. Prompt allocation of funds.
Sec. 153. Monitoring.
Sec. 154. Fiscal controls and sanctions.
Sec. 155. Reports, recordkeeping, and investigations.
Sec. 156. Administrative adjudication.
Sec. 157. Nondiscrimination.
Sec. 158. Judicial review.
Sec. 159. Administrative provisions.
Sec. 160. Obligational authority.
                  Subtitle F--Consolidation Provisions

Sec. 171. Repealers.
Sec. 172. Conforming amendments.
Sec. 173. Transition.
      TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

Sec. 201. Purpose.
                  Subtitle A--Basic System Components

Sec. 211. General requirements.
Sec. 212. Integration of employment and training programs component.
Sec. 213. Customer choice component.
Sec. 214. Universal access component.
Sec. 215. Accountability component.
                      Subtitle B--Grants to States

Sec. 221. Purpose.
Sec. 222. Authorization.
Sec. 223. Application.
Sec. 224. Review of application.
Sec. 225. Use of amounts.
Sec. 226. Reports.
          Subtitle C--Federal Grants to One-Stop Service Areas

Sec. 231. Purpose.
Sec. 232. Authorization.
Sec. 233. Application.
Sec. 234. Review of application.
Sec. 235. Use of amounts.
Sec. 236. Reports.
                Subtitle D--Administrative Requirements

Sec. 241. Establishment of substate administrative structure.
Sec. 242. Participating programs.
Sec. 243. Services.
Sec. 244. One-stop service providers.
Sec. 245. Operating agreements.
Sec. 246. Additional State responsibilities.
Sec. 247. State human resource investment council.
Sec. 248. Pooling of administrative resources.
Sec. 249. Labor standards.
      Subtitle E--Waiver of Statutory and Regulatory Requirements

Sec. 251. State, local consortium, and Native American tribal entity 
                            requests and responsibilities for waivers.
Sec. 252. Waiver authority.
                     Subtitle F--National Programs

Sec. 261. Oversight.
Sec. 262. Performance standards and evaluation.
Sec. 263. Capacity building and technical assistance.
Sec. 264. Interagency task force relating to waiver requests.
  TITLE III--NATIONAL LABOR MARKET INFORMATION PROGRAM FOR STATES AND 
                               LOCALITIES

Sec. 301. Purposes.
Sec. 302. National strategy.
Sec. 303. Components of program.
Sec. 304. Coordination.
                     TITLE IV--TECHNICAL PROVISIONS

Sec. 401. Effective date.
Sec. 402. Sunset.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to better integrate the existing unemployment system 
        into a comprehensive, universal, high-quality system for 
        reemployment so that this system can effectively serve 
        structurally unemployed individuals as well as individuals on 
        temporary layoffs;
            (2) to promote equity and efficiency by consolidating the 
        major Federal programs for dislocated workers into a 
        comprehensive program for all individuals who have been 
        permanently laid off regardless of the cause of dislocation;
            (3) to facilitate effective, quality training for 
        permanently laid-off workers who want and need such training;
            (4) to provide customer-centered, high-quality employment 
        and training services that give dislocated workers the tools to 
        make informed career and training choices;
            (5) to provide universal access to basic reemployment 
        services, including assessment of skill levels and service 
        needs, labor market information, and job search assistance;
            (6) to begin to integrate the current employment and 
        training system in the United States by replicating and 
        expanding the innovative efforts of States and localities to 
        provide comprehensive, one-stop reemployment and training 
        systems; and
            (7) to create a National Labor Market Information Program 
        that gives employers, training providers, students, job 
        seekers, and employees high-quality and timely data on the 
        local economy, labor market, and other occupational 
        information.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Title I.--There are authorized to be appropriated to carry out 
title I--
            (1) $1,465,000,000 for fiscal year 1995; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.
    (b) Titles II and III.--There are authorized to be appropriated to 
carry out titles II and III--
            (1) $250,000,000 for each of the fiscal years 1995 through 
        1999; and
            (2) such sums as may be necessary for each of the fiscal 
        years 2000 through 2003.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Community-based organizations.--The term ``community-
        based organizations'' has the meaning given such term in 
        section 4(5) of the Job Training Partnership Act (29 U.S.C. 
        1503(5)).
            (2) Displaced homemakers.--The term ``displaced 
        homemakers'' has the meaning given such term in section 4(29) 
        of the Job Training Partnership Act (29 U.S.C. 1503(29)).
            (3) Employer.--
                    (A) In general.--The term ``employer''--
                            (i) means any person engaged in any 
                        activity, business or industry in commerce or 
                        affecting commerce that employs an individual;
                            (ii) includes any person who acts, directly 
                        or indirectly, in the interest of an employer 
                        in relation to any of the employees of such 
                        employer; and
                            (iii) includes any public agency (as 
                        defined in section 3(x) of the Fair Labor 
                        Standards Act, 29 U.S.C. 203(x)).
                    (B) Commerce.--The term ``commerce'' means trade, 
                traffic, commerce, transportation, or communication 
                among the several States, or between the District of 
                Columbia or any Territory of the United States and any 
                State or other Territory, or between any foreign 
                country and any State, Territory, or the District of 
                Columbia, or within the district of Columbia or any 
                Territory, or between points in the same State but 
                through any other State or any Territory or the 
                District of Columbia or any foreign country.
                    (C) Affecting commerce.--The term ``affecting 
                commerce'' means in commerce, or burdening or 
                obstructing commerce or the free flow of commerce.
                    (D) Successor employer.--An employer is a 
                ``successor employer'' if, based on the facts and 
                circumstances, on balance after applying at least the 
                following criteria, and consistent with any regulations 
                promulgated by the Secretary of Labor, the employer has 
                substantially assumed the employment-related 
                responsibilities of another employer:
                            (i) Substantial continuity of the same 
                        business operations.
                            (ii) Use of the same plant, common 
                        facility, or work site.
                            (iii) Continuity of the work force.
                            (iv) Similarity of jobs and working 
                        conditions.
                            (v) Similarity of supervisory personnel.
                            (vi) Similarity in machinery, equipment, 
                        and productions methods.
                            (vii) Similarity of products or services.
                    (E) Treatment of common employment.--The Secretary 
                of Labor shall promulgate regulations regarding 
                responsibilities of employers in the case of common 
                employment of an employee by such employers.
            (4) Governor.--The term ``Governor'' means the chief 
        executive of any State.
            (5) Labor market area.--The term ``labor market area'' has 
        the meaning given such term in section 4(13) of the Job 
        Training Partnership Act (29 U.S.C. 1503(13)).
            (6) Local elected official.--The term ``local elected 
        official'' means the chief elected executive officer of a unit 
        of general local government.
            (7) Nontraditional employment.--The term ``nontraditional 
        employment'' as applied to women refers to occupations or 
        fields of work where women comprise less than 25 percent of the 
        individuals employed in such occupation or field of work.
            (8) Private industry council.--The term ``private industry 
        council'' means a private industry council established under 
        section 102 of the Job Training Partnership Act (29 U.S.C. 
        1512).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) Service delivery area.--The term ``service delivery 
        area'' means an area established under section 101 of the Job 
        Training Partnership Act (29 U.S.C. 1511).
            (11) Service provider.--Except as otherwise provided in 
        this Act, the term ``service provider'' means a public agency, 
        private nonprofit organization, or private-for-profit entity 
        that provides services authorized under this Act.
            (12) State.--
                    (A) Title i.--For purposes of title I, the term 
                ``State'' means any of the several States, the District 
                of Columbia, and the Commonwealth of Puerto Rico.
                    (B) Titles ii and iii.--For purposes of titles II 
                and III, the term ``State'' means each of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, the Commonwealth of the Northern Mariana 
                Islands, American Samoa, Guam, the Virgin Islands, the 
                Federated States of Micronesia, the Republic of the 
                Marshall Islands, and the Republic of Palau.
            (13) State council.--The term ``State council'' means a 
        State job training coordinating council established under 
        section 122 of the Job Training Partnership Act (29 U.S.C. 
        1532).
            (14) State human resource investment council.--The term 
        ``State Human Resource Investment Council'' means a council 
        established under section 701 of the Job Training Partnership 
        Act (29 U.S.C. 1792).
            (15) Substate area.--The term ``substate area'' means a 
        geographic area in a State established pursuant to section 
        116(a).
            (16) Substate grantee.--The term ``substate grantee'' means 
        an agency, organization, or consortium thereof selected to 
        administer programs pursuant to section 116(b).
            (17) Unit of general local government.--The term ``unit of 
        general local government'' means any general purpose political 
        subdivision of a State which has the power to levy taxes and 
        spend funds, as well as general corporate and police powers.

         TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

SEC. 101. ALLOTMENT.

    (a) Allotment of Funds.--Of the funds appropriated pursuant to 
section 3(a) for any fiscal year, the Secretary shall--
            (1) allot 75 percent among the States in accordance with 
        subsection (b); and
            (2) reserve 25 percent to carry out subtitle B, subject to 
        the reservation required by subsection (e).
    (b) Allotment Among States.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall allot the amount available in each fiscal year under 
        subsection (a)(1) on the basis of the following factors:
                    (A) One-third of such amount shall be allotted 
                among the States on the basis of the relative number of 
                unemployed individuals who reside in each State as 
                compared to the total number of unemployed individuals 
                in all the States.
                    (B) One-third of such amount shall be allotted 
                among the States on the basis of the relative excess 
                number of unemployed individuals who reside in each 
                State as compared to the total excess number of 
                unemployed individuals in all the States. For purposes 
                of this paragraph, the term ``excess number'' means the 
                number which represents unemployed individuals in 
                excess of 4.5 percent of the civilian labor force in 
                the State.
                    (C) One-third of such amount shall be allotted 
                among the States on the basis of the relative number of 
                individuals who have been unemployed for 15 weeks or 
                more and who reside in each State as compared to the 
                total number of such individuals in all the States.
            (2) Use of data relating to permanent layoffs and plant 
        closings.--As soon as satisfactory data are available under 
        section 124(b)(3), the Secretary shall allot the amount 
        available in each fiscal year under subsection (a)(1) as 
        follows:
                    (A) 25 percent of such amount shall be allotted on 
                the basis of each of the factors described in 
                subparagraphs (A), (B), and (C) of paragraph (1), 
                respectively, for a total of 75 percent of the amount 
                allotted.
                    (B) 25 percent of such amount shall be allotted on 
                the basis of the relative number of dislocated workers 
                who reside in each State as compared to the total 
                number of dislocated workers in all States.
            (3) Limitations.--
                    (A) Minimum percentage.--No State shall be allotted 
                less than 90 percent of its allotment percentage for 
                the fiscal year preceding the fiscal year for which the 
                determination is made.
                    (B) Maximum percentage.--No State shall be allotted 
                more than 130 percent of its allotment percentage for 
                the fiscal year preceding the fiscal year for which the 
                determination is made.
                    (C) Allotment percentage.--
                            (i) In general.--Except as provided in 
                        clause (ii), for purposes of this paragraph the 
                        allotment percentage of a State for a fiscal 
                        year shall be the percentage of funds allotted 
                        to the State under this subsection.
                            (ii) Fiscal year 1994.--For the purposes of 
                        this paragraph, the allotment percentage for 
                        fiscal year 1994 shall be the percentage of 
                        funds allotted to the State under section 302 
                        of the Job Training Partnership Act (29 U.S.C. 
                        1652).
    (c) Reservations for State Activities.--
            (1) In general.--The Governor may reserve not more than 30 
        percent of the amount allotted to the State under subsection 
        (b) for any fiscal year to carry out State activities. Of such 
        amount allotted to the State--
                    (A) not more than 25 percent may be used to carry 
                out State activities under subtitle A of this title; 
                and
                    (B) not more than 5 percent may be used for the 
                costs of administration of programs authorized under 
                this title, as determined by the Secretary.
            (2) Exclusion of certain costs.--For purposes of paragraph 
        (1)(B), the term ``costs of administration of programs 
        authorized under this title'' does not include any costs 
        associated with the establishment and operation of the State 
        and local labor market information program under section 113.
            (3) Maintenance of effort with respect to state employment 
        service offices.--If amounts reserved under paragraph (1) for a 
        fiscal year are expended for activities of State employment 
        service offices in the State, the Governor shall ensure that 
        State funds expended for such activities for such fiscal year 
        are not reduced from the amount of State funds expended for 
        such activities for the 1993 fiscal year.
    (d) Within State Distribution.--
            (1) Allocation to substate areas.--
                    (A) In general.--After determining the amounts to 
                be reserved under subsection (c), the Governor shall 
                allocate the remainder of the amount allotted to the 
                State under subsection (b) to substate areas to carry 
                out activities authorized under this title based on an 
                allocation formula prescribed by the Governor in 
                accordance with subparagraph (B).
                    (B) Allocation formula.--The allocation formula 
                prescribed by the Governor shall include the factors 
                described in subsection (b) and such additional 
                objective, measurable, and statistically-valid factors, 
                including farmer-rancher economic hardship data, as the 
                Governor determines to be appropriate. Such formula may 
                be amended by the Governor not more than once for each 
                program year and shall be included in the State plan 
                under section 111(b).
            (2) Administrative costs.--
                    (A) In general.--Except as provided in subparagraph 
                (B), not more than 15 percent of the amount allocated 
                to a substate area under paragraph (1) for each program 
                year shall be available for the costs of 
                administration.
                    (B) Waiver.--
                            (i) In general.--A substate grantee may 
                        apply to the Governor for a waiver of the 
                        requirement under subparagraph (A), except that 
                        any such waiver may not allow more than 20 
                        percent of amount described in such 
                        subparagraph to be available for the costs of 
                        administration.
                            (ii) Approval.--The Governor may approve a 
                        waiver under clause (i) in whole or in part if 
                        the substate grantee demonstrates that 
                        additional resources are necessary for the 
                        effective and efficient administration of the 
                        activities of the substate grantee under this 
                        title.
    (e) Reservation for the Territories.--Of the amount reserved by the 
Secretary under subsection (a)(2) for any fiscal year, not more than 
0.3 percent of such amount shall be allotted among the Commonwealth of 
the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, 
the Federated States of Micronesia, the Republic of the Marshall 
Islands, and the Republic of Palau to carry out activities authorized 
under this title.
    (f) Reservations for National Activities.--After determining the 
amounts to be allocated under subsection (e), the Secretary shall use 
the remainder reserved under subsection (a)(2) for fiscal year 1995 and 
each succeeding fiscal year in accordance with the following:
            (1) Not less than 85 percent shall be available for 
        national discretionary grants under sections 122 and 123.
            (2)(A) Subject to subparagraph (B), not less than 5 percent 
        shall be available for each of the following:
                    (i) Evaluation of program performance, research, 
                and demonstration projects under section 124.
                    (ii) Capacity building, staff development and 
                training, and technical assistance under section 125.
            (B) Not more than 15 percent shall be available for 
        projects and activities under subparagraph (A).

SEC. 102. RECAPTURE AND REALLOTMENT OF UNEXPENDED FUNDS.

    (a) General Reallotment Authority.--For program years beginning 
July 1, 1996, and thereafter, the Secretary shall, in accordance with 
the requirements of this section, reallot to eligible States the funds 
allotted to States from funds appropriated for such program year that 
are available for reallotment.
    (b) Amount Available for Reallotment.--
            (1) In general.--Except as provided in paragraph (2), the 
        amount available for reallotment is equal to the sum of--
                    (A) the amount by which the unexpended balance of 
                the State allotment at the end of the program year 
                prior to the program year for which the determination 
                under this section is made exceeds 20 percent of such 
                allotment for that prior program year; and
                    (B) the unexpended balance of the State allotment 
                from any program year prior to the program year in 
                which there is such excess.
            (2) Exception.--Funds awarded from discretionary funds of 
        the Secretary under subtitle B shall not be included in 
        calculating any of the reallotments described in this section.
    (c) Method of Reallotment.--
            (1) In general.--The Secretary shall determine the amount 
        that would be allotted to each eligible State by using the 
        factors described in section 101(b) to allocate among eligible 
        States the amount available pursuant to subsection (b).
            (2) Eligible high unemployment states.--The Secretary shall 
        allot to each eligible high unemployment State the amount 
        determined for that State under the procedure described in 
        paragraph (1).
            (3) Eligible states.--The Secretary shall, by using the 
        factors described in section 101(b), allot to eligible States 
        the amount available that remains after the allotment required 
        by paragraph (2).
    (d) State Procedures With Respect to Reallotment.--The Governor of 
each State shall prescribe uniform procedures for the expenditure of 
funds by substate grantees in order to avoid the requirement that funds 
be made available for reallotment under subsection (b), including 
procedures which give priority for the reallotment of unexpended funds 
to substate grantees located in substate areas with high unemployment. 
The Governor shall further prescribe equitable procedures for making 
funds available from the State and substate grantees in the event that 
a State is required to make funds available for reallotment under such 
subsection.
    (e) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Eligible state.--The term ``eligible State'' means a 
        State which has expended at least 80 percent of its allotment 
        for the program year prior to the program year for which the 
        determination under this section is made.
            (2) Eligible high unemployment state.--The term ``eligible 
        high unemployment State'' means a State--
                    (A) which meets the requirement in subsection 
                (c)(1); and
                    (B)(i) as soon as satisfactory data are available 
                under section 124(b)(3), which is among the States in 
                which a higher relative number of dislocated workers 
                reside, as determined in accordance with such data; or
                    (ii) which is among the States which has an 
                unemployment rate greater than the national average 
                unemployment for the most recent 12 months for which 
                satisfactory data are available.

SEC. 103. ELIGIBILITY FOR SERVICES.

    (a) In General.--An individual shall be eligible to receive 
services under this title if such individual--
            (1) has been permanently laid off from full-time, part-
        time, or seasonal (including migrant and seasonal farmworkers 
        and fishermen) employment within the preceding 12-month period, 
        and--
                    (A) such individual is unlikely to obtain 
                employment in the same or similar occupation due to 
                obsolete skills or a lack of employment opportunities; 
                or
                    (B) such layoff resulted from any permanent closure 
                or any substantial layoff at a plant, facility, or 
                enterprise;
            (2) has received a notice that such individual will be 
        permanently laid off, and--
                    (A) such individual is unlikely to obtain 
                employment in the same or similar occupation due to 
                obsolete skills or a lack of employment opportunities; 
                or
                    (B) such layoff will result from any permanent 
                closure or substantial layoff at a plant, facility, or 
                enterprise;
            (3) is employed at a facility where the employer has 
        publicly announced that such facility will be closed within one 
        year and such individual is unlikely to--
                    (A) remain employed with such employer at another 
                location; or
                    (B) retire permanently from the labor force on or 
                before such closure;
            (4) is long-term unemployed and has limited opportunities 
        for employment in the same or similar occupation in which such 
        individual was previously employed;
            (5) was self-employed (including farmers, fishermen and 
        ranchers) and is--
                    (A) unemployed as a result of--
                            (i) general economic conditions in the 
                        community in which such individual resides; or
                            (ii) a natural disaster; and
                    (B) has limited opportunities for self-employment 
                in the same or similar occupation;
            (6) is certified as eligible under the transitional 
        certification of trade impacted workers program authorized 
        under title II of the Reemployment Act of 1994 (H.R. 4040 of 
        the 103d Congress, as introduced); or
            (7) was identified and referred to the program under this 
        title, in accordance with regulations issued by the Secretary, 
        by a State worker profiling system established under section 
        303(j) of the Social Security Act.
    (b) Displaced Homemakers.--An individual who is a displaced 
homemaker shall be eligible to receive services described in section 
117(b) and such other services authorized under this title as the 
substate grantee determines to be appropriate to provide to such an 
individual if--
            (1) the displacement occurred within the preceding 24-month 
        period;
            (2) such individual is unemployed; and
            (3) such individual meets the requirements relating to 
        services provided under this title, other than the requirements 
        under subsection (a).
    (c) Involuntarily Retired Workers.--An individual who has retired 
from employment involuntarily and is unlikely to remain retired from 
employment shall be eligible to receive services described in section 
117(b) and such other services authorized under this title as the 
substate grantee determines to be appropriate.
    (d) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Long-term unemployed.--The term ``long-term 
        unemployed'' means a period of unemployment defined by the 
        Governor, except that such period shall not be less than 15 
        weeks.
            (2) Permanently laid off.--The term ``permanently laid 
        off'' means a layoff under which a recall is not expected 
        within 26 weeks.

             Subtitle A--State and Substate Delivery System

SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.

    (a) In General.--The State shall be responsible for developing and 
operating administrative and management systems which ensure proper 
control and accountability for the use of funds, in accordance with the 
requirements of subtitle E, and the accomplishment of the objectives of 
this title.
    (b) State Plan.--The Governor, after consultation with appropriate 
entities in the State, including local elected officials, employer 
associations, community-based organizations, and labor organizations, 
shall--
            (1) prepare and make available, through public hearings, 
        for public comment at least 120 days prior to the beginning of 
        the program year, on biennial basis, a State plan describing 
        the goals and objectives of the program conducted under this 
        title and the strategies and activities to be undertaken to 
        accomplish such goals and objectives; and
            (2) submit to the Secretary, on a biennial basis, such 
        State plan for approval by the Secretary in accordance with 
        regulations developed by the Secretary.

SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DISLOCATED WORKER UNIT.

    (a) In General.--The Governor shall designate or establish a 
dislocated worker unit at the State level (hereafter referred to as the 
``State dislocated worker unit'') to carry out the functions described 
in this section. The Governor shall ensure that the staff of such unit 
possess specialized expertise in labor-management relations and other 
matters relevant to the carrying out of the functions described in 
subsection (b).
    (b) Functions of Unit.--
            (1) Rapid response activities.--The State dislocated worker 
        unit shall carry out the following rapid response activities:
                    (A) Receive notices provided pursuant to the Worker 
                Adjustment and Retraining Notification Act (29 U.S.C. 
                2101 et seq.) and collect information identifying the 
                site of other permanent closures and layoffs affecting 
                50 or more workers and make all such information 
                available to the public upon request.
                    (B) Establish contact with representatives of the 
                employer, affected workers and affected unions, and 
                affected substate grantees within 48 hours of being 
                informed of or otherwise identifying such closure or 
                layoff.
                    (C) Provide assistance on site (or as near to the 
                site as is practicable if such unit is not permitted on 
                site by the employer) within five working days of being 
                informed of or otherwise identifying such closure or 
                layoff (unless representatives of the affected workers 
                agree to defer the commencement of assistance), 
                including--
                            (i) the provision of information relating 
                        to, and assistance in obtaining access to, 
                        available programs and services;
                            (ii) the provision of appropriate 
                        reemployment services on an emergency basis;
                            (iii) the provision of basic reemployment 
                        services in a group setting; and
                            (iv) the provision of information on the 
                        potential rights and remedies available under 
                        the Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.).
                    (D) Promote the formation of worker-management 
                transition assistance committees, which meet the 
                requirements of subsection (d), by--
                            (i) providing immediate assistance in the 
                        establishment of such committees, including--
                                    (I) providing immediate financial 
                                assistance to cover startup costs of 
                                the committee;
                                    (II) providing a list of 
                                individuals from which the chairperson 
                                of the committee may be selected; and
                                    (III) requesting the list of 
                                committee members from the employer and 
                                union, or providing assistance in the 
                                selection of worker representatives, to 
                                be selected by the workers, in the 
                                event no union is present; and
                            (ii) providing technical assistance in the 
                        development by such committees of a strategy 
                        for assessing the employment and training needs 
                        of each affected worker and for obtaining the 
                        services and assistance necessary to meet those 
                        needs, which may include--
                                    (I) providing technical advice as 
                                well as information on sources of 
                                assistance; and
                                    (II) serving as liaison with other 
                                public and private services and 
                                programs.
                    (E) Prepare an action plan for the provision of 
                reemployment and training services to eligible 
                individuals, including group counseling, preliminary 
                assessments, and labor market information, which may 
                include assistance in planning for the establishment of 
                an on-site transition center described in section 
                115(d).
            (2) Information collection and dissemination activities.--
        The State dislocated worker unit shall carry out the following 
        information collection and dissemination activities using, to 
        the extent practicable, telecommunications and computer 
        technology:
                    (A) Provide to employers and employees throughout 
                the State information relating to the Worker Adjustment 
                and Retraining Notification Act (29 U.S.C. 2101 et 
                seq.), including the requirements under such Act, and 
                information relating to the eligibility requirements 
                and services and benefits available under this title 
                using labor organizations and other appropriate 
                entities for such dissemination.
                    (B) Collect information relating to--
                            (i) economic dislocation, including 
                        potential closings and layoffs and the impact 
                        of closures and layoffs to which such unit has 
                        responded; and
                            (ii) available programs and resources 
                        within the State to serve affected workers.
                    (C) Disseminate the information collected pursuant 
                to subparagraph (B) to the Governor to assist in 
                providing an adequate information base for effective 
                program management, review, and evaluation.
                    (D) Disseminate information throughout the State on 
                the services and activities carried out by the State 
                dislocated worker unit.
            (3) Program support activities.--The State dislocated unit 
        shall carry out the following program support activities:
                    (A) Provide technical assistance and advice to 
                substate grantees.
                    (B) Work with employers and representatives of 
                employees in promoting labor-management cooperation to 
                achieve the objectives of this title.
                    (C) Assist each local community affected by a mass 
                layoff or plant closing in developing and implementing 
                an adjustment plan, including assistance in obtaining 
                access to State economic development assistance.
            (4) Coordination activities.--The State dislocated worker 
        unit shall, using telecommunications and computer technology to 
        the extent practicable, exchange information and coordinate 
        programs with--
                    (A) the appropriate economic development agency for 
                the purpose of identifying potential layoffs and for 
                the purpose of developing strategies to avert plant 
                closings or mass layoffs and to accelerate the 
                reemployment of dislocated workers;
                    (B) State education, training, and social services 
                programs;
                    (C) State labor federations;
                    (D) State-level general purpose business 
                organizations;
                    (E) the agency responsible for the Bureau of Labor 
                Statistics Federal/State cooperative program and the 
                State Occupational Information Coordinating Committee; 
                and
                    (F) all other programs available to assist 
                dislocated workers, including the State employment 
                security agency, the unemployment insurance system, and 
                student financial aid programs.
    (c) Coordination With Substate Grantees.--In carrying out this 
section, the State dislocated worker unit shall coordinate its actions 
with affected substate grantees.
    (d) Worker-Management Transition Assistance Committees.--The 
worker-management transition assistance committees promoted by the 
State dislocated worker unit pursuant to subsection (b)(1)(D) shall, to 
the extent practicable, include the following:
            (1) Shared and equal participation by workers (and their 
        union representatives, where a collective bargaining agreement 
        exists, or worker representatives, where no such agreement 
        exists) and management, which may include participation from 
        community representatives, as appropriate.
            (2) Shared financial participation between the employer and 
        the State, using funds provided under this title in paying for 
        the operating expenses of the committee.
            (3) A chairperson, to oversee and guide the activities of 
        the committee, who shall--
                    (A) be jointly selected by the worker and 
                management representatives of the committee;
                    (B) not be employed or under contract with or 
                members of the immediate family of labor or management 
                at the site; and
                    (C) provide advice and leadership to the committee 
                and prepare a report on its activities.
            (4) A formal agreement, terminated at will by the workers 
        or management, and terminated for cause by the Governor.
    (e) Coverage of Layoffs.--The Governor shall, to the extent 
practicable, authorize the provision of the rapid response activities 
described in subsection (b)(1) to layoffs of less than 50 workers if 
such layoffs are determined by the Governor to have a significant 
adverse economic impact on a local community.
    (f) Responsibility Relating to Rapid Response Assistance 
Activities.--
            (1) In general.--Except as provided in paragraph (2), the 
        State shall not transfer the responsibility of the State 
        dislocated worker unit for the rapid response assistance 
        activities described in subsection (b)(1) to another entity.
            (2) Exception.--The State may carry out the rapid response 
        assistance activities described in subsection (b)(1) through 
        agreement, grant, contract, or other arrangement with another 
        entity, such as a substate grantee or a labor organization.
    (g) Federal Oversight of Rapid Response Activities.--The Secretary 
shall oversee the administration by each State of the rapid response 
assistance activities carried out in such State and evaluate the 
effectiveness, efficiency, and timeliness of such activities. The 
Secretary may establish performance standards relating to such 
activities. If the Secretary determines that such activities are not 
being carried out adequately, the Secretary shall implement appropriate 
corrective action.

SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE AND LOCAL LABOR MARKET 
              INFORMATION PROGRAM.

    (a) In General.--In furtherance of the national strategy described 
in section 302 to establish a nationwide system of effective State and 
local labor market information, the Governor shall identify, or 
establish, and maintain a comprehensive labor market information 
program in the State that--
            (1) collects, uses, exchanges, and disseminates quality 
        labor market information that will enhance the employment 
        opportunities available to permanently laid off workers and 
        other individuals seeking employment and will enhance the 
        ability of businesses to locate skilled workers in their 
        employment efforts;
            (2) enhances the activities and products of the agency 
        responsible for the Bureau of Labor Statistics Federal/State 
        cooperative program; and
            (3) makes needed improvements or adjustments in current 
        labor market information programs to meet local and State labor 
        market needs.
    (b) Contents.--The labor market information described in subsection 
(a)(1) shall include the information specified in section 303(b) 
relating to the national labor market information program.
    (c) Standards for Information Collection and Dissemination.--The 
Governor shall ensure that data collection and dissemination systems 
are developed in accordance with the technical standards specified in 
section 303(c) relating to the national labor market information 
program.
    (d) Coordination of Data Collection and Survey Consolidation.--
Consistent with the technical standards specified in section 303(c), 
the Governor shall ensure, to the extent feasible, that--
            (1) automated technology will be used in data collection 
        and dissemination;
            (2) the State dislocated worker unit and the substate 
        grantees under this title have timely access to and exchange 
        information relating to quality labor market information;
            (3) administrative records are designed to reduce 
        paperwork; and
            (4) administrative data and multiple surveys available for 
        disclosure are shared or consolidated to reduce duplication of 
        recordkeeping of State and local agencies.
    (e) Design of State Program and Governor's Responsibilities.--The 
Governor shall--
            (1) through the agency responsible for the Bureau of Labor 
        Statistics Federal/State cooperative programs, be responsible 
        for oversight and management of that State's program for a 
        comprehensive nationwide system of State and local labor market 
        information that--
                    (A) meets the requirements of this section;
                    (B) provides such training and technical assistance 
                necessary to facilitate the collection of data and the 
                dissemination of information through the programs 
                assisted under this title;
                    (C) carries out the cooperative agreements 
                authorized in section 303;
                    (D) conducts research, evaluation, and 
                demonstration projects designed to make improvements in 
                the statewide labor market information program; and
                    (E) participates in the Federal/State advisory 
                structure for the nationwide labor market information 
                program and review of the nationwide labor market 
                information annual strategic plan;
            (2) designate a State agency or body to be responsible 
        for--
                    (A) coordinating various State agencies responsible 
                for collection and dissemination of labor market, 
                educational, occupational, and other related 
                information at the State and local level to support 
                design, development, and implementation of the 
                comprehensive labor market information program; and
                    (B) ensuring agency collaboration in the design, 
                development, utilization, and delivery of labor market 
                and occupational information products and services, 
                including training, that addresses the needs of 
                Federal, State, and local customers; and
            (3) ensure that the State will develop, maintain, and 
        improve a comprehensive system which shall--
                    (A) include the components specified in section 
                303;
                    (B) be responsive to the needs of the State and its 
                localities for planning, economic analysis, and 
                projections, as required by--
                            (i) this Act;
                            (ii) the Job Training Partnership Act (29 
                        U.S.C. 1501 et seq.);
                            (iii) the Carl D. Perkins Vocational and 
                        Applied Technology Education Act (20 U.S.C. 
                        2301 et seq.);
                            (iv) the School-to-Work Opportunities Act 
                        of 1994 (20 U.S.C. 6101 et seq.);
                            (v) title III of the Social Security Act; 
                        and
                            (vi) other provisions of Federal law that 
                        require the use of labor market information; 
                        and
                    (C) meet the Federal standards under chapter 35 of 
                title 44, United States Code, and other appropriate 
                standards established by the Secretary of Labor;
            (4) ensure the performance of contract and grant 
        responsibilities for data collection, analysis, and 
        dissemination;
            (5) conduct such other data collection, analysis, and 
        dissemination activities as will ensure comprehensive State and 
        local labor market information; and
            (6) not be limited by the requirements contained in this 
        Act in conducting additional data collection, analysis, and 
        dissemination activities with State funds or with Federal funds 
        from sources other than this Act.
    (f) Coordination of Resources.--The Governor shall coordinate the 
activities carried out under this title with the labor market 
information activities carried out in collaboration with both the 
agency responsible for the Bureau of Labor Statistics Federal/State 
cooperative program and the State body or agency responsible for labor 
market information in subsection (e)(2), pursuant to other Federal laws 
and with the national labor market information program described in 
title III. In developing and maintaining the program described under 
this section, the Governor shall use funds that are authorized under 
this Act for the labor market information program, and from programs 
such as the Job Training Partnership Act (29 U.S.C. 1501 et seq.), the 
Wagner-Peyser Act, the School-to-Work Opportunities Act, and the Carl 
D. Perkins Vocational and Applied Technology Education Act that require 
labor market information as noted in section 302(a). For purposes of 
consistency and efficiency, the Governor shall ensure that the 
comprehensive State and local labor market information program 
established under title III shall be used for employment, education, 
and training programs that have a labor market information component.
    (g) Methods of Collection and Dissemination.--In order to 
facilitate the collection and dissemination of the data described in 
subsection (b), the Governor shall--
            (1) identify and utilize cost-effective methods for 
        obtaining such data as are necessary to carry out this section 
        which, notwithstanding any other provision of law, may include 
        access to earnings records, State employment security records, 
        records collected under the Federal Insurance Contributions Act 
        (chapter 21 of the Internal Revenue Code of 1986), records 
        collected under the program of aid to families with dependent 
        children under part A of title IV of the Social Security Act, 
        secondary and post-secondary education records, and similar 
        records or measures, with appropriate safeguards to protect the 
        confidentiality of the information obtained, including 
        safeguards to maintain such information in the public control; 
        and
            (2) publish and make available labor market and 
        occupational supply and demand information and career 
        information to State agencies, public agencies, libraries, 
        employers, and individuals who are in the process of making 
        career choices.

SEC. 114. COORDINATION WITH WORKER PROFILING AND RETRAINING INCOME 
              SUPPORT PROGRAMS.

    (a) Worker Profiling.--The Governor shall coordinate programs under 
this title with the worker profiling system authorized under title III 
of the Social Security Act. Such coordination shall include methods for 
ensuring the prompt referral, in accordance with regulations issued by 
the Secretary of the claimants identified under such profiling system 
to substate grantees authorized under this title, and the sharing of 
relevant information.
    (b) Retraining Income Support.--The Governor shall coordinate 
programs under this title with the retraining income support program 
authorized under part A of title II of the Reemployment Act of 1994 
(H.R. 4040 of 103d Congress, as introduced).

SEC. 115. STATE GRANTS FOR AREAS OF SPECIAL NEED, POPULATIONS IN NEED, 
              AND SPECIAL PROJECTS.

    (a) Authorization.--
            (1) In general.--The Governor may award grants to eligible 
        entities described in paragraph (2)--
                    (A) to provide the services authorized under 
                section 117 to eligible individuals in accordance with 
                subparagraphs (A) and (B) of subsection (c)(1);
                    (B) to provide the services authorized under 
                section 117 to other unemployed individuals with 
                barriers to employment in accordance with subsection 
                (c)(3)(C); and
                    (C) to conduct statewide, regional, or industry-
                wide projects.
            (2) Eligible entities.--The following entities shall be 
        eligible to receive grants under paragraph (1):
                    (A) Substate grantees.
                    (B) Employers and employer associations, including 
                private industry councils.
                    (C) Transition assistance committees and other 
                employer-employee entities.
                    (D) Labor organizations.
                    (E) Industry consortia.
                    (F) Appropriate State agencies.
                    (G) Community-based organizations.
                    (H) Institutions of higher education.
                    (I) Entities providing adult education, as defined 
                in section 312(2) of the Adult Education Act.
                    (J) Entities providing vocational education, as 
                defined in section 521(41) of the Carl D. Perkins 
                Vocational and Applied Technology Education Act.
            (3) Limitation.--Not more than 10 percent of the amount 
        reserved by the Governor under section 101(c)(1)(A) to carry 
        out State activities under this subtitle for any fiscal year 
        may be used by the Governor to award grants under paragraph 
        (1)(B) for such fiscal year.
    (b) Application.--The Governor may provide a grant to an eligible 
entity under subsection (a) only if the entity submits to the Governor 
an application which contains such information as the Governor may 
reasonably require.
    (c) Use of Amounts.--
            (1) In general.--An eligible entity shall use amounts 
        received from a grant under subsection (a) to carry out 1 or 
        more of the following activities either directly or through 
        contracts:
                    (A) To provide the services authorized under 
                section 117 to eligible individuals in areas of the 
                State experiencing substantial increases in the number 
                of eligible individuals due to plant closures, base 
                closures, or mass layoffs.
                    (B) To improve the delivery of services authorized 
                under section 117 to eligible individuals, which may 
                include the delivery of such services through the 
                establishment of on-site transition centers in 
                accordance with subsection (d).
                    (C) To provide the services authorized under 
                section 117 to other unemployed individuals with 
                barriers to employment who are underserved, including 
                displaced homemakers, older workers, veterans, 
                individuals with disabilities, and individuals with 
                limited English proficiency, as determined by the 
                Governor.
            (2) Limitation.--An eligible entity may use not more than 
        15 percent of the amount received from a grant under subsection 
        (a) for the cost of administration of the activities described 
        in paragraph (1).
    (d) On-Site Transition Centers.--
            (1) In general.--The eligible entity may establish 1 or 
        more on-site transition centers that meet the requirements of 
        paragraph (2) to provide the services authorized under section 
        117 to eligible individuals.
            (2) Requirements.--An on-site transition center described 
        in this paragraph is a center that--
                    (A) is located at the site of a plant closure, base 
                closure, or mass layoff for the purpose of providing 
                reemployment services to eligible individuals affected 
                by such layoff or closure;
                    (B) includes, to the extent practicable, 
                substantial funding from sources other than public 
                funds;
                    (C) is operated with the concurrence and 
                participation of affected workers and their 
                representatives and the affected employer, including 
                the worker-management transition assistance committee 
                established in accordance with section 112(d), if such 
                committee is established; and
                    (D) provides the reemployment services described in 
                subsections (b) and (c) of section 117 directly or 
                through contracts with other entities, such as 
                outplacement agencies.

SEC. 116. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE STRUCTURE.

    (a) Designation of Substate Areas.--
            (1) In general.--The Governor of each State shall, after 
        consultation with the State council and local elected 
        officials, designate substate areas for the State in accordance 
        with this subsection.
            (2) Factors to be considered in designating substate 
        areas.--In making designations of substate areas under 
        paragraph (1), the Governor shall consider--
                    (A) the availability of services throughout the 
                State;
                    (B) the capability to coordinate the delivery of 
                services with other job training, human services, and 
                economic development programs; and
                    (C) the geographic boundaries of labor market areas 
                within the State.
            (3) Service delivery areas.--
                    (A) In general.--Subject to subparagraph (B), the 
                Governor--
                            (i) shall designate as a substate area any 
                        service delivery area that--
                                    (I) has a population of 200,000 or 
                                more; and
                                    (II) requests such designation;
                            (ii) shall, subject to subparagraph (C), 
                        designate as a substate area any two or more 
                        contiguous service delivery areas that--
                                    (I) in the aggregate have a 
                                population of 200,000 or more; and
                                    (II) request such designation; and
                            (iii) shall designate as a substate area 
                        any concentrated employment program grantee for 
                        a rural area described in section 
                        101(a)(4)(A)(iii) of the Job Training 
                        Partnership Act (29 U.S.C. 1511(a)(4)(A)(iii)).
                    (B) Special rule.--Each service delivery area 
                within a State shall be included within a substate area 
                or designated as a substate area and no service 
                delivery area shall be divided among two or more 
                substate areas.
                    (C) Limitation.--The Governor may not designate as 
                a substate area any two or more contiguous service 
                delivery areas under subparagraph (A)(ii) if the 
                Governor determines that such designation would not be 
                consistent with the effective delivery of services to 
                individuals eligible for assistance under this title in 
                various labor market areas (including urban and rural 
                areas) within the State, or would not otherwise be 
                appropriate to carry out the purposes of this title.
            (4) Population requirement.--The Governor may approve a 
        request to be a substate area from any unit of general local 
        government or consortium of contiguous units of general local 
        government, without regard to population, which serves a 
        substantial portion of a labor market area.
            (5) Substate areas designated under job training 
        partnership act.--The Governor may designate as a substate area 
        an area designated as a substate area under section 312 of the 
        Job Training Partnership Act (29 U.S.C. 1661a) prior to the 
        date of the enactment of this Act if such area meets the 
        requirements of this subsection.
            (6) Revision of designations.--The Governor may not revise 
        the designations made under this subsection more than once 
        every four years, except for good cause, as determined by the 
        Governor.
            (7) Incentive grants to encourage formation of substate 
        areas.--From the funds reserved under section 101(c)(1), the 
        Governor may provide incentive grants to encourage the 
        formation of substate areas that are based on labor market 
        areas.
    (b) Designation of Substate Grantees.--
            (1) Agreement.--
                    (A) In general.--A substate grantee shall be 
                designated, on a quadrennial basis, for each substate 
                area in accordance with an agreement among the 
                Governor, the local elected official or officials of 
                such area, and the private industry council or councils 
                of such area.
                    (B) Multiple officials.--If a substate area is 
                represented by more than one such official or council, 
                the respective officials and councils shall each 
                designate representatives, in accordance with 
                procedures established by the Governor (after 
                consultation with the State council), to negotiate such 
                agreement.
                    (C) Absence of agreement.--In the event agreement 
                cannot be reached on the selection of a substate 
                grantee, the Governor shall select the substate 
                grantee.
            (2) Eligibility.--Entities eligible for designation as 
        substate grantees include--
                    (A) private industry councils in the substate area;
                    (B) service delivery area grant recipients or 
                administrative entities under the Job Training 
                Partnership Act (29 U.S.C. 1501 et seq.);
                    (C) private nonprofit organizations;
                    (D) units of general local government in the 
                substate area or agencies of such units;
                    (E) local offices of State agencies;
                    (F) other public agencies, such as community 
                colleges and area vocational schools; and
                    (G) consortia of the entities described in 
                subparagraphs (A) through (F).
    (c) Functions of Substate Grantees.--
            (1) In general.--A substate grantee designated under 
        subsection (b) shall--
                    (A) receive and administer funds allocated to the 
                substate area, including the administration of payments 
                to service providers in accordance with section 
                117(d)(2);
                    (B) provide the services described in section 117, 
                directly or through contract, grant, or agreement with 
                service providers, to individuals eligible for services 
                under this title;
                    (C) conduct oversight and monitoring of the program 
                carried out within the substate area; and
                    (D) prepare and make publicly available a biennial 
                written plan describing the objectives to be 
                accomplished and the activities to be undertaken under 
                this title in the substate area.
            (2) Submission of biennial written plan.--
                    (A) In general.--A substate grantee shall submit 
                the biennial written plan described in paragraph (1)(D) 
                to the Governor for approval in accordance with this 
                paragraph.
                    (B) Review, approval, and submission by appropriate 
                officials.--
                            (i) Review and approval.--Prior to 
                        submitting the plan to the Governor under 
                        subparagraph (A), the substate grantee shall--
                                    (I) allow the public to review the 
                                plan and submit to the substate grantee 
                                comments on the plan through public 
                                hearings;
                                    (II) allow the private industry 
                                council or councils, labor 
                                organizations, and local educational 
                                agencies and other public agencies 
                                located within the substate area to 
                                review the plan and submit to the 
                                substate grantee comments on the plan; 
                                and
                                    (III) obtain the approval of such 
                                plan by the appropriate chief elected 
                                official or officials specified in 
                                section 103(c) of the Job Training 
                                Partnership Act (29 U.S.C. 1513(c)).
                            (ii) Submission.--Such plan shall be 
                        submitted by the substate grantee in 
                        conjunction with the official or officials 
                        described in clause (i)(III).

SEC. 117. SERVICES TO BE PROVIDED TO ELIGIBLE INDIVIDUALS.

    (a) In General.--Funds allocated to substate areas pursuant to 
section 101(d) may be used to provide--
            (1) basic reemployment services in accordance with 
        subsection (b);
            (2) intensive reemployment services in accordance with 
        subsection (c);
            (3) education and training services in accordance with 
        subsection (d);
            (4) retraining income support in accordance with subsection 
        (e); and
            (5) supportive services in accordance with subsection (f).
    (b) Basic Reemployment Services.--Each substate grantee shall make 
available to eligible individuals the following basic reemployment 
services:
            (1) Outreach and provision of information to make 
        individuals aware of, and encourage the use of, reemployment 
        and training services, including efforts to expand awareness of 
        training and placement opportunities for hard-to-serve 
        individuals such as individuals with limited English 
        proficiency, individuals with disabilities, older workers, and 
        displaced homemakers.
            (2) Intake and determination of eligibility for assistance 
        under this title.
            (3) Orientation with respect to appropriate information and 
        services.
            (4) Assistance in filing an initial claim for unemployment 
        compensation through the official claims filing process of the 
        State employment security agency.
            (5) A preliminary assessment of the skill levels (including 
        appropriate testing) and service needs of such individuals, 
        which may include such factors as basic skills, occupational 
        skills, prior work experience, employability, interests, 
        aptitudes, and supportive service needs. Such individuals may, 
        based upon such preliminary assessment, be immediately referred 
        to receive intensive reemployment services under subsection 
        (c).
            (6) Information relating to local, regional, and national 
        labor markets from the State and local labor market information 
        system under section 113, including--
                    (A) job vacancy listings in such markets; and
                    (B) information relating to local occupations in 
                demand and the earnings and skill requirements for such 
                occupations.
            (7) Job search assistance, including resume and interview 
        preparation, and workshops.
            (8) Job referral and job placement assistance.
            (9) Information relating to education and job training 
        programs, including the eligibility requirements of and 
        services provided by such programs, the availability and 
        quality of such programs, and student financial assistance 
        available for such programs.
            (10) Assistance in evaluating whether such individuals are 
        likely to be eligible for any employment and training programs 
        administered by the Secretary other than programs under this 
        title.
            (11) Information collected pursuant to the performance 
        standards and quality assurance requirements contained in 
        subtitle C.
            (12) Information relating to programs and providers of 
        dependent care and other supportive services available in the 
        local area.
            (13) Group counseling, which may include peer counseling, 
        and which shall be available to such individuals jointly with 
        their immediate families, including group counseling relating 
        to stress management and financial management.
            (14) Soliciting and accepting job orders submitted by 
        employers in the substate area, and referring individuals in 
        accordance with such orders.
            (15) Information on nontraditional training and placement 
        opportunities.
    (c) Intensive Reemployment Services.--
            (1) In general.--Each substate grantee shall make 
        available, to eligible individuals who have received basic 
        reemployment services under subsection (b) and who have been 
        unable to obtain employment through such services, and to 
        individuals who have been immediately referred to receive 
        intensive reemployment services in accordance with subsection 
        (b)(5), intensive reemployment services which shall include the 
        following services:
                    (A) Comprehensive and specialized assessments of 
                the skill levels and service needs of individuals, 
                which may include--
                            (i) diagnostic testing and other assessment 
                        tools; and
                            (ii) in-depth interviewing and evaluation 
                        to identify employment barriers and appropriate 
                        employment goals.
                    (B) The development of an individual reemployment 
                plan, which shall identify the employment goal 
                (including, in appropriate circumstances, 
                nontraditional employment), appropriate achievement 
                objectives, and the appropriate combination of services 
                for a participant to achieve the employment goal.
                    (C) Individualized counseling and career planning, 
                including peer counseling and counseling and planning 
                relating to nontraditional employment opportunities.
                    (D) Case management for individuals receiving 
                education, training, and supportive services.
                    (E) Assistance in the selection of education and 
                training providers.
                    (F) Assistance in obtaining income support for 
                which individuals are eligible, including student 
                financial assistance, to enable such individuals to 
                participate in training.
            (2) Optional services.--In providing intensive reemployment 
        services to eligible individuals under paragraph (1), a 
        substate grantee may provide the following services:
                    (A) Job development.
                    (B) Out-of-area job search allowances.
                    (C) Relocation allowances.
                    (D) Follow-up counseling for individuals placed in 
                training or employment.
            (3) Reemployment plan.--
                    (A) Joint development.--The individual reemployment 
                plan described in paragraph (1)(B) shall be developed 
                jointly by the eligible individual and a career 
                counselor. Both parties shall sign the plan and 
                periodically review the progress of the individual in 
                achieving the objectives set forth in the plan. In the 
                event of a disagreement over the content of the plan, 
                the eligible individual shall be provided an 
                opportunity to appeal the career counselor's 
                recommendation pursuant to section 144.
                    (B) Employment goal.--The employment goal 
                identified under an individual reemployment plan 
                described under paragraph (1)(B) shall relate to 
                employment in an occupation for which there is a demand 
                in the local area, or in another area to which the 
                individual is willing to relocate.
                    (C) Prohibition on private actions.--Nothing in 
                this section shall be construed to establish a right 
                for an individual to bring a private action to obtain 
                the services described in the individual reemployment 
                plan.
    (d) Education and Training.--
            (1) Available services.--Each substate grantee shall make 
        available to eligible individuals who have an individual 
        reemployment plan developed pursuant to subsection (c)(1)(B)--
                    (A) education and training services, including--
                            (i) basic skills training, including 
                        remedial education, literacy training, and 
                        English-as-a-second language instruction;
                            (ii) occupational skills training, 
                        including nontraditional training, provided 
                        either in a classroom or on-the-job; and
                            (iii) other skills-based education and 
                        training that such grantee considers 
                        appropriate, including skills upgrading, 
                        entrepreneurial training, and training in 
                        skills required for high performance work 
                        organizations, such as problem solving and 
                        skills related to the use of new technologies;
                    (B) a list of appropriate eligible service 
                providers who provide such education and training 
                services;
                    (C) a description of the education and training 
                courses available from such service providers; and
                    (D) performance data relating to such service 
                providers.
            (2) Referrals.--An eligible individual who has an 
        individual reemployment plan developed pursuant to subsection 
        (c)(1)(B) that specifies education and training services as 
        being necessary to the reemployment of such individual shall, 
        in consultation with a career counselor, select an eligible 
        service provider for such services from the list of service 
        providers described in paragraph (1). The substate grantee (or 
        any agency designated by such grantee) shall refer such 
        individual to such eligible service providers and arrange for 
        payment to the provider for the services provided consistent 
        with the limitation described in paragraph (5).
            (3) Eligible service providers.--For the purposes of this 
        subsection, the term ``eligible service provider'' means a 
        service provider, as defined in section 4(11) of this Act, that 
        meets the eligibility requirements of section 133.
            (4) Contract expectations.--Education and training services 
        authorized under this title may be provided pursuant to a 
        contract for services between the substate grantee and an 
        eligible service provider in lieu of the referral procedures 
        described in paragraph (2) if such services--
                    (A) are customized by a provider to meet the 
                particular needs of a specific group of eligible 
                individuals in the substate area; or
                    (B) are on-the-job training provided by an 
                employer.
            (5) Relationship to student financial assistance.--(A) For 
        purposes of determining a student's need for grant, loan, or 
        work assistance under title IV of the Higher Education Act of 
        1965, the funds provided to a participant for education and 
        training under this subsection shall be considered to be 
        estimated financial assistance not received under such title IV 
        for the purpose of section 471(3) of such Act.
            (B) Nothing in this Act shall be construed to modify the 
        eligibility requirements applicable to students, programs of 
        study, or institutions of higher education under title IV of 
        such Act.
            (6) Approved training.--
                    (A) Relationship to income support program.--For 
                the purposes of the program authorized under part A of 
                title II of the Reemployment Act of 1994 (H.R. 4040 of 
                the 103d Congress, as introduced) the substate grantee 
                shall be considered an agency certified by the 
                Secretary to develop a reemployment plan.
                    (B) Relationship to unemployment compensation.--An 
                eligible individual participating in education and 
                training services under this title shall be deemed to 
                be in training with the approval of the State agency 
                for the purposes of section 3304(a)(8) of the Internal 
                Revenue Code of 1986.
            (7) On-the-job training.--The provisions of paragraphs (5) 
        and (6) shall not apply to on-the-job training provided under 
        this title. Such on-the-job training shall be provided 
        consistent with the limitations described in section 141(d).
    (e) Retraining Income Support.--
            (1) In general.--Individuals receiving education and 
        training services under subsection (d) who meet the 
        requirements for receiving retraining income support under the 
        program under part A of title II of the Reemployment Act of 
        1994 (H.R. 4040 of the 103d Congress, as introduced) shall be 
        referred to such program for such support. For program years 
        1995 through 1999, individuals who do not meet the requirements 
        of such program but who meet the requirements of paragraph (2) 
        shall, to the extent appropriated funds are available, be 
        provided retraining income support in accordance with this 
        subsection.
            (2) Eligibility.--An individual shall, to the extent 
        appropriated funds are available, be provided retraining income 
        support in accordance with this subsection if such individual--
                    (A) has been permanently laid off;
                    (B) either--
                            (i) had been continuously employed at the 
                        time of such permanent layoff for a period of 
                        one year or more, but less than three years, by 
                        the employer from whom such individual has been 
                        permanently laid off; or
                            (ii) was continuously employed in the same 
                        occupation and industry by an employer for a 
                        period of one year or more and was, within the 
                        preceding 12-month period--
                                    (I) separated from such employer; 
                                and
                                    (II) employed in the same 
                                occupation and industry by the 
                                subsequent employer from whom such 
                                individual has been permanently laid 
                                off;
                    (C)(i) was entitled, as a result of the layoff 
                described in subparagraph (A), to (or would have been 
                entitled to if such individual had applied therefor) 
                unemployment compensation under any Federal or State 
                law for a week within the benefit period--
                            (I) in which the layoff took place; or
                            (II) which began (or would have begun) by 
                        reason of the filing of a claim for 
                        unemployment compensation by such individual 
                        after such layoff;
                    (ii) has exhausted all rights to any unemployment 
                compensation to which such individual was entitled (or 
                would have been entitled if such individual had applied 
                therefor); and
                    (iii) does not have an unexpired waiting period 
                applicable to such individual for such unemployment 
                compensation;
                    (D) has been enrolled in education or training 
                pursuant to subsection (d) by--
                            (i) the end of the 16th week after the 
                        permanent layoff described in subparagraph (A), 
                        or, if later, the end of the 14th week after 
                        such individual was informed that the layoff 
                        will exceed 6 months; or
                            (ii) a period that is not in excess of 60 
                        days after the periods described in clause (i), 
                        in cases where the substate grantee determines, 
                        in accordance with guidelines issued by the 
                        Secretary, that there are extenuating 
                        circumstances that justify such extension, such 
                        as a cancellation of a course, a first 
                        available enrollment date that is after the 
                        periods described in subparagraph (A), or the 
                        commencement of negotiations for reopening a 
                        plant or facility from which an individual has 
                        been laid off; and
                    (E) is participating, and making satisfactory 
                progress, in education or training provided pursuant to 
                subsection (d).
            (3) Special rules.--
                    (A) Continuous employment.--
                            (i) For purposes of clause (ii) of 
                        paragraph (2)(B) and subject to the limitations 
                        of clause (ii) of this subparagraph, continuous 
                        employment shall be deemed to include any week 
                        in which an individual--
                                    (I) was on employer-authorized 
                                leave for purposes of vacation, 
                                sickness, injury or inactive duty or 
                                active duty military service for 
                                training;
                                    (II) was on employer-authorized 
                                leave because of circumstances 
                                described in (aa) subsection 102(a) of 
                                the Family and Medical Leave Act of 
                                1993, or (bb) a similar State law;
                                    (III) did not work because of a 
                                disability that is compensable under a 
                                worker's compensation law or plan of a 
                                State or the United States;
                                    (IV) had his, or her, employment 
                                interrupted in order to serve as a 
                                full-time representative of a labor 
                                organization in such firm or 
                                subdivision;
                                    (V) was on call-up for purposes of 
                                active duty in a reserve status in the 
                                Armed Forces of the United States, 
                                provided such active duty is ``Federal 
                                service'' as defined in 5 U.S.C. 
                                8521(a)(1);
                                    (VI) was on temporary layoff; or
                                    (VII) was serving on jury duty.
                            (ii) For the purposes of clause (i), no 
                        more than the following number of weeks within 
                        a one year period may be treated as weeks of 
                        employment:
                                    (I) 7 weeks in the case of weeks 
                                described in subclauses (I) or (IV) of 
                                clause (i), or both.
                                    (II) 12 weeks in the case of weeks 
                                described in division (aa) of subclause 
                                (II) of clause (i). Any number of weeks 
                                in the case of weeks described in 
                                division (bb) of subclause (II) of 
                                clause (i).
                                    (III) 26 weeks in the case of weeks 
                                described in subclause (III) and (V) of 
                                clause (i).
                    (B) Same employer.--(i) For the purpose of clause 
                (ii) of paragraph (2)(B), employment deemed to be 
                employment for a single employer shall include--
                            (I) all employment that constituted service 
                        under a single multiemployer plan (as defined 
                        in section 4001(a)(3) of the Employee 
                        Retirement Income Security Act of 1974 (29 
                        U.S.C. 1301(a)(3));
                            (II) all employment that was obtained 
                        through a single hiring hall;
                            (III) all employment for the employer from 
                        whom the individual was laid-off or the 
                        predecessor of such employer;
                            (IV) all employment for employers in a 
                        joint employment relationship, as described in 
                        section 791.2(b) of title 29 of the Code of 
                        Federal Regulations, with the individual; and
                            (V) all employment for a successor employer 
                        or a leased employer.
                    (ii) For purposes of subclause (III) of clause (i), 
                an employer shall be considered a predecessor of the 
                employer from whom the individual was laid-off 
                (hereinafter referred to as successor employer) if--
                            (I) the successor employer acquired 
                        substantially all the property used in a trade 
                        or business, or used in a separate unit of a 
                        trade or business, from such employer; and
                            (II) the individual who was laid off was 
                        employed by such employer in such trade or 
                        business, or in a separate unit of such trade 
                        or business, immediately before the acquisition 
                        and was employed by the successor employer 
                        immediately after the acquisition.
                    (C) Individual treated as participating in 
                education or training program.--For purposes of 
                subparagraph (E) of paragraph (2), an individual shall 
                be treated as participating, and making satisfactory 
                progress, in an education or training program during 
                any week which is part of a break from training that 
                does not exceed 28 days if the break is provided under 
                such program.
            (4) Weekly amount of payments.--The retraining income 
        support payment payable to an individual under this subsection 
        shall be an amount equal to the most recent benefit amount of 
        the unemployment compensation payable to such individual for a 
        week of total unemployment preceding such individual's first 
        exhaustion of unemployment compensation related to the 
        permanent layoff reduced (but not below zero) by--
                    (A) any training income support provided for such 
                week to such individual under another Federal program;
                    (B) income that is earned from employment that 
                exceeds one-half the amount equal to the most recent 
                weekly benefit amount of the unemployment compensation 
                payable to such individual for a week of total 
                unemployment.
            (5) Total amount of payments.--
                    (A) In general.--The maximum amount of retraining 
                income support payable to an individual under this 
                subsection shall be the amount which is the product of 
                26 multiplied by the retraining income support payable 
                to the individual for a week of total unemployment (as 
                determined under paragraph (4)), but such product shall 
                be reduced by the total sum of extended and additional 
                compensation to which the individual was entitled in 
                the worker's first benefit period as described in 
                paragraph (2)(C).
                    (B) Period of availability.--(i) Subject to the 
                provisions of clause (ii), no retraining income support 
                shall be paid for any week occurring after the close of 
                the 78-week period that begins with the first week 
                following the week after the individual was permanently 
                laid-off as described in paragraph (2)(A).
                    (ii) For the purpose of determining the 78-week 
                period in clause (i), the period of time specified in a 
                certificate of continuing eligibility issued pursuant 
                under section 118 during which the individual is 
                employed in a job described by that section shall not 
                be counted.
            (6) Weeks during which individual received on-the-job 
        training.--No retraining income support shall be paid to an 
        individual under this subsection for any week during which the 
        individual is receiving on-the-job training.
            (7) Coordination with extended benefits program.--
                    (A) In general.--Notwithstanding any other 
                provision of this Act or other Federal law, if the 
                benefit year of an individual ends within an extended 
                benefit period, the number of weeks of extended 
                benefits that such worker would, but for this 
                paragraph, be entitled to an extended benefit period 
                shall be reduced (but not below zero) by the number of 
                weeks for which the individual was entitled, during 
                such benefit year, to retraining income support under 
                this Act.
                    (B) Definitions.--For purposes of this paragraph, 
                the terms ``benefit year'' and ``extended benefit 
                period'' shall have the same respective meanings given 
                to them in the Federal-State Extended Unemployment 
                Compensation Act of 1970.
            (8) Administration.--The substate grantee shall enter into 
        an agreement with the State agency charged with the 
        administration of the State unemployment compensation law under 
        which such agency will administer, on a cost-reimbursable 
        basis, the retraining income support payments authorized under 
        this subsection.
            (9) Substate grantee role.--Each substate grantee shall 
        assist an individual receiving education or training pursuant 
        to subsection (d) in applying for retraining income support 
        under either part A of title II of the Reemployment Act of 1994 
        (H.R. 4040 of the 103d Congress, as introduced) or this 
        subsection depending on the program for which such individual 
        is eligible. If such individual is not eligible for either 
        program and such individual believes income support is 
        necessary to enable participation in training, the substate 
        grantee shall assist such individual in applying for other 
        appropriate sources of such income support, including student 
        financial aid.
            (10) Information dissemination.--The substate grantee shall 
        provide individuals determined eligible under this title with 
        information relating to the availability of retraining income 
        support and the requirements relating to eligibility for such 
        support. Such information shall include the provision, in a 
        timely manner, as defined by the Secretary, of information to 
        such individuals describing the time periods by which 
        enrollment in education and training must occur in order to be 
        eligible for retraining income support pursuant to paragraph 
        (2)(D) of this subsection and section 202 of the Reemployment 
        Act of 1994 (H.R. 4040 of the 103d Congress, as introduced). In 
        addition, the substate grantee shall make arrangements with the 
        State agency charged with the administration of the State 
        unemployment compensation law to make such information 
        generally available to claimants along with other information 
        describing the services available under this title.
    (f) Supportive Services.--
            (1) In general.--Each substate grantee shall make available 
        to an eligible individual, either through direct payment, 
        payment to a service provider, or arrangements through 
        appropriate agencies, such supportive services as are 
        identified in such individuals's reemployment plan as necessary 
        to enable such individual to participate in intensive 
        reemployment services under subsection (c) or education and 
        training services under subsection (d).
            (2) Optional services.--Each substate grantee may make 
        available to an eligible individual such supportive services as 
        such grantee determines is appropriate to enable such 
        individual to participate in basic reemployment services.
            (3) Services available.--The supportive services provided 
        pursuant to this subsection may include transportation, 
        dependent care, meals, health care, temporary shelter, needs-
        related payments in an amount which is at least equal to the 
        minimum State unemployment insurance benefit (as determined by 
        the State), drug and alcohol abuse counseling and referral, 
        family counseling, and other similar services.
    (g) Additional Definitions.--For purposes of this section, the 
following definitions apply:
            (1) Additional compensation.--The term ``additional 
        compensation'' means compensation payable by reason of 
        conditions of high unemployment or other special factors to 
        individuals who have exhausted their unemployment compensation.
            (2) Benefit period.--The term ``benefit period'' means, 
        with respect to an individual--
                    (A) the benefit year and any ensuing period, as 
                determined under the applicable State law, during which 
                the individual is eligible for regular compensation, 
                additional compensation, or extended compensation; or
                    (B) the equivalent to such a benefit year or 
                ensuing period provided for under the applicable 
                Federal unemployment compensation law.
            (3) On-the-job training.--The term ``on-the-job training'' 
        means training provided by the employer to an individual who 
        performs services for remuneration for the employer.
            (4) Unemployment compensation.--The term ``unemployment 
        compensation'' means the unemployment compensation payable to 
        an individual under any State law or Federal unemployment 
        compensation law, including chapter 85 of title 5, United 
        States Code and the Railroad Unemployment Insurance Act.
            (5) Week.--The term ``week'' means a week as defined in the 
        applicable State.

SEC. 118. CERTIFICATES OF CONTINUING ELIGIBILITY.

    (a) In General.--A substate grantee shall issue a certificate of 
continuing eligibility for services under this title if such grantee 
determines that--
            (1) such individual is eligible for services under section 
        103; and
            (2)(A) such individual is accepting employment and such 
        employment is--
                    (i) at a wage significantly less than such 
                individual's previous wage; or
                    (ii) in an occupation significantly different from 
                such individual's previous occupation; or
            (B) such individual is unable to participate in training or 
        education within the time period provided by section 
        117(e)(2)(D) because no suitable training or education is 
        reasonably available to such individual.
    (b) Contents.--A certificate of continuing eligibility issued 
pursuant to subsection (a) shall specify a period of time not to exceed 
104 weeks that such individual shall remain eligible, notwithstanding 
the requirements of section 103, for services under this title and for 
retraining income support payments under section 117(e) and part A of 
title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d 
Congress, as introduced).
    (c) Eligibility for Retraining Income Support.--With respect to the 
continuing eligibility of an individual receiving a certificate under 
this section for retraining income support--
            (1) the requirements relating to eligibility for 
        unemployment compensation under section 117(e)(2)(C) of this 
        Act and section 202(a)(3) of the Reemployment Act of 1994 (H.R. 
        4040 of the 103d Congress, as introduced) and to the weekly 
        amount of such support under section 117(e)(4) and part A of 
        title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d 
        Congress, as introduced) shall apply to such individual's 
        status at the time such individual receives a certificate under 
        this section and shall not apply to such individual's status at 
        the time of separation from subsequent employment described in 
        subsection (a)(2); and
            (2) the requirements relating to enrollment in training in 
        order to qualify for such income support shall remain 
        applicable except that the 16-week and 14-week periods 
        described in section 117(e)(2) of this Act and section 
        202(a)(4) of the Reemployment Act of 1994 (H.R. 4040 of the 
        103d Congress, as introduced) shall commence with such 
        individual's separation from the subsequent employment 
        described in subsection (a)(2).

              Subtitle B--Federal Service Delivery System

SEC. 121. FEDERAL REEMPLOYMENT UNIT.

    The Secretary shall designate or establish an identifiable worker 
reemployment unit to coordinate the functions of the Secretary under 
this title.

SEC. 122. NATIONAL DISCRETIONARY GRANT PROGRAM.

    (a) Authorization.--
            (1) In general.--The Secretary may provide grants to 
        eligible entities described in paragraph (2) to carry out the 
        following activities:
                    (A) To establish programs to address large scale 
                economic dislocations that result from plant closures, 
                base closures, or mass layoffs.
                    (B) To establish programs that may be up to 3 years 
                in length, and may include the following programs:
                            (i) Self-employment opportunity program.
                            (ii) Public works employment program.
                            (iii) Dislocated farmer program.
                            (iv) Job creation program.
                    (C) To carry out projects that establish on-site 
                transition centers meeting the requirements described 
                in section 115(d)(2).
                    (D) To establish programs to address small-scale 
                layoffs that are likely to have a substantial adverse 
                State or local economic impact.
                    (E) To provide additional financial assistance to 
                programs and activities established and operated by 
                States and substate grantees under this title.
            (2) Eligible entities.--The following entities shall be 
        eligible to receive grants under paragraph (1):
                    (A) States.
                    (B) Substate grantees.
                    (C) Employers and employer associations, including 
                private industry councils.
                    (D) Transition assistance committees and other 
                employer-employee entities.
                    (E) Labor organizations.
                    (F) Industry consortia.
                    (G) Appropriate State agencies.
                    (H) Community-based organizations.
                    (I) Institutions of higher education.
                    (J) Native American tribal entities eligible to 
                receive assistance under section 401 of the Job 
                Training Partnership Act.
                    (K) Entities eligible to receive assistance under 
                section 402 of the Job Training Partnership Act 
                (relating to migrant and seasonal farmworker programs).
                    (L) Entities providing adult education, as defined 
                in section 312(2) of the Adult Education Act.
                    (M) Entities providing vocational education, as 
                defined in section 521(41) of the Carl D. Perkins 
                Vocational and Applied Technology Education Act.
    (b) Application.--
            (1) In general.--The Secretary may not provide a grant 
        under subsection (a) to an eligible entity unless the entity 
        submits to the Secretary an application at such time, in such 
        manner, and accompanied by such information as the Secretary 
        determines to be appropriate.
            (2) Review and comment by governor.--The Governor shall be 
        provided an opportunity to review and comment on an application 
        described in paragraph (1) prior to the submission of such 
        application to the Secretary.
    (c) Review of Application.--The Secretary shall review each 
application submitted under subsection (b) and shall approve or 
disapprove each such application not later than 30 days after the date 
on which the Secretary receives such application.
    (d) Authority To Obligate Grant Funds.--An eligible entity may 
enter into obligations to expend amounts that will be provided to such 
entity under a grant beginning on the date on which the Secretary 
approves the application for such grant under subsection (c).
    (e) Use of Amounts.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may not provide a grant under subsection (a)(1) to an 
        eligible entity unless the entity agrees that it will use all 
        amounts received from such grant to provide services described 
        in section 117 to eligible individuals under projects that 
        relate to--
                    (A) industry-wide dislocations;
                    (B) multistate dislocations;
                    (C) dislocations caused by Federal actions, 
                including--
                            (i) dislocations resulting from reductions 
                        in expenditures by the United States for 
                        defense; and
                            (ii) dislocations resulting from Federal 
                        environmental laws and regulations, including 
                        the Clean Air Act (42 U.S.C. 7401 et seq.) and 
                        the Endangered Species Act of 1973 (16 U.S.C. 
                        1531 et seq.);
                    (D) dislocations resulting from international 
                trade;
                    (E) dislocations affecting Native American tribal 
                entities carried out through agreements with such 
                entities; and
                    (F) other dislocations that result from special 
                circumstances or dislocations that State and local 
                resources are insufficient to address.
            (2) Exception.--In the case of an eligible entity that is a 
        Native American tribal entity, the Secretary may not provide a 
        grant under subsection (a)(1) to such entity unless the entity 
        agrees that it will use all amounts received from such grant to 
        provide services described in section 117 to eligible 
        individuals under projects that relate to dislocations 
        affecting such entity.

SEC. 123. DISASTER RELIEF EMPLOYMENT ASSISTANCE.

    (a) General Authority.--
            (1) Qualification for funds.--Funds appropriated to carry 
        out this section shall be made available in a timely manner by 
        the Secretary to the Governor of any State within which is 
        located an area that has suffered an emergency or a major 
        disaster as defined in paragraphs (1) and (2), respectively, of 
        section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (hereafter referred to in this section 
        as the ``disaster area'').
            (2) Coordination.--Funds made available to Governors under 
        paragraph (1) shall be expended in consultation with--
                    (A) agencies administering programs for disaster 
                relief provided under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act; and
                    (B) the administrative entity and the private 
                industry council in each service delivery area within 
                which disaster employment programs will be conducted 
                under this section.
    (b) Use of Funds.--
            (1) In general.--Funds made available under this section 
        shall be utilized for the purpose of directly assisting 
        communities that are located within disaster areas, including 
        units of general local government in such areas, and--
                    (A) shall be used exclusively to provide employment 
                under projects--
                            (i) to provide food, clothing, shelter, and 
                        other humanitarian assistance for victims of a 
                        disaster; and
                            (ii) relating to the demolition, cleanup, 
                        repair, renovation, and reconstruction of 
                        damaged and destroyed structures, facilities, 
                        and lands located within the disaster area; and
                    (B) may be expended through public and private 
                agencies and organizations engaged in such projects.
            (2) Eligibility for employment.--
                    (A) In general.--Notwithstanding section 103, an 
                individual shall be eligible to be offered employment 
                under paragraph (1) if such individual is temporarily 
                or permanently laid off as a consequence of a disaster.
                    (B) Limitation.--An individual shall not be 
                employed under paragraph (1) for more than 6 months for 
                work related to recovery from a single natural 
                disaster.
    (c) Definition of Unit of General Local Government.--For purposes 
of this section, the term ``unit of general local government'' 
includes--
            (1) in the case of a community conducting a project in an 
        Indian reservation or Alaska Native village, the grantee 
        designated under subsection (c) or (d) of section 401 of the 
        Job Training Partnership Act (29 U.S.C. 1671(c) or (d)), or a 
        consortium of such grantees and the State; and
            (2) in the case of a community conducting a project in a 
        migrant or seasonal farmworker community, the grantee 
        designated under section 402(c) of the Job Training Partnership 
        Act (29 U.S.C. 1672(c)), or a consortium of such grantees and 
        the State.

SEC. 124. EVALUATION, RESEARCH, AND DEMONSTRATIONS.

    (a) Evaluation.--
            (1) In general.--The Secretary shall provide for the 
        continuing evaluation of programs conducted under this title, 
        including the cost-effectiveness of such programs in achieving 
        the purposes of this title.
            (2) Techniques.--
                    (A) Methods.--An evaluation conducted under 
                paragraph (1) shall utilize recognized statistical 
                methods and techniques of the behavioral and social 
                sciences, including methodologies that control for 
                self-selection, where feasible.
                    (B) Analysis.--An evaluation conducted under 
                paragraph (1) may include cost benefit analyses of 
                programs, and analyses of the impact of the programs on 
                participants and the community, the extent to which 
                programs meet the needs of various demographic groups, 
                the extent to which programs provided training which 
                led to high skill, high wage jobs and non-traditional 
                employment opportunities for women and minorities, and 
                the effectiveness of the delivery systems used by the 
                various programs.
                    (C) Effectiveness.--The Secretary shall evaluate 
                the effectiveness of programs authorized under this 
                title with respect to--
                            (i) the statutory goals;
                            (ii) the performance standards established 
                        by the Secretary; and
                            (iii) the extent to which such programs 
                        enhance the employment and earnings of 
                        participants, reduce income support costs, 
                        improve the employment competencies of 
                        participants in comparison to comparable 
                        persons who did not participate in such 
                        programs, and, to the extent feasible, increase 
                        the level of total employment over the level 
                        that would have existed in the absence of such 
                        programs.
    (b) Research.--
            (1) In general.--The Secretary shall establish a program of 
        research relating to addressing economic dislocation, 
        facilitating the transition of permanently laid off workers to 
        reemployment, and upgrading the skills of employed workers.
            (2) Conduct of program.--In carrying out the program 
        established under paragraph (1), the Secretary shall develop 
        and maintain statistical data relating to permanent layoffs and 
        plant closings.
            (3) Mass layoff report.--The Secretary shall publish a 
        report based upon such data, as soon as practicable, after the 
        end of each calendar year. Among the data to be included are--
                    (A) the number of such closings;
                    (B) the number of workers displaced;
                    (C) the location of the affected facilities; and
                    (D) the types of industries involved.
            (4) Survey and report relating to worker adjustment and 
        retraining and notification act.--
                    (A) Survey.--The Secretary shall conduct a survey--
                            (i) estimating the number of dislocated 
                        workers in the United States who received 
                        notice of termination from their jobs which 
                        complied with the requirements of the Worker 
                        Adjustment and Retraining Notification Act (29 
                        U.S.C. 2101 et seq.);
                            (ii) estimating the number of dislocated 
                        workers in the United States who received some 
                        notice of termination from their jobs under 
                        such Act but less than the full amount of 
                        notice required by such Act;
                            (iii) estimating the number of dislocated 
                        workers in the United States who did not 
                        receive any notice of termination from their 
                        jobs in violation of the requirements of such 
                        Act; and
                            (iv) analyzing the reasons why dislocated 
                        workers described in clauses (ii) and (iii) did 
                        not receive appropriate advance notice of 
                        termination from their jobs.
                    (B) Report.--Not later than 2 years after the date 
                of the enactment of this Act, the Secretary shall 
                submit to the Congress a report containing--
                            (i) the results of the survey conducted 
                        under subparagraph (A); and
                            (ii) recommendations for appropriate 
                        legislation that would increase the likelihood 
                        that all dislocated workers covered by the 
                        requirements of the Worker Adjustment and 
                        Retraining Notification Act (29 U.S.C. 2101 et 
                        seq.) would receive notice of termination from 
                        their jobs in accordance with the requirements 
                        of such Act.
    (c) Demonstrations.--
            (1) In general.--The Secretary shall conduct a program of 
        demonstration projects to develop and improve the methods for 
        addressing economic dislocation and promoting worker 
        adjustment. Such program may include projects that--
                    (A) provide services to upgrade the skills of 
                employed workers who are at risk of being permanently 
                laid off; and
                    (B) assist in retraining employed workers in new 
                technologies and work processes that will facilitate 
                the conversion or restructuring of businesses into high 
                performance work organizations and avert plant closings 
                or substantial layoffs.
            (2) Limitation.--Each demonstration project conducted under 
        paragraph (1) shall not exceed three years in duration.
            (3) Evaluation component.--The Secretary shall conduct or 
        provide for an evaluation of each of the projects carried out 
        under paragraph (1) and shall provide for the dissemination of 
        each such evaluation through the Capacity Building and 
        Information and Dissemination Network established under section 
        453 of the Job Training Partnership Act (29 U.S.C. 1733).
    (d) Annual Report.--The Secretary shall submit to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Labor and Human Resources of the Senate an annual report describing 
the activities of the Secretary under this section during the preceding 
fiscal year.

SEC. 125. CAPACITY BUILDING AND TECHNICAL ASSISTANCE.

    (a) In General.--The Secretary shall provide, through grants, 
contracts, or other arrangements, staff training and technical 
assistance (primarily using computer-based and telecommunications 
technologies) to States, substate grantees, one-stop career systems, 
communities, business and labor organizations, service providers, 
industry consortia, and other entities, to enhance their capacity to 
develop and deliver effective adjustment assistance services to workers 
and to avert plant closings or substantial layoffs. Such training and 
assistance may include the development of management information 
systems, customized training programs, and the dissemination of 
computer-accessed learning systems.
    (b) Coordination.--The Secretary shall integrate the activities 
carried out under subsection (a) with the activities of the Capacity 
Building and Information and Dissemination Network established under 
section 453 of the Job Training Partnership Act (29 U.S.C. 1733).

SEC. 126. FEDERAL BYPASS AUTHORITY.

    If a State chooses not to participate in the program authorized 
under subtitle A of title I or fails to submit an approved plan under 
such part, the Secretary shall use the amount that would be allotted to 
such State under section 101(b) to provide for the delivery in that 
State of the programs, activities, and services authorized under this 
title until such time as such State chooses to participate in the 
program.

    Subtitle C--Performance Standards and Quality Assurance Systems

SEC. 131. PERFORMANCE STANDARDS.

    (a) In General.--The Secretary, after consultation with the 
Secretary of Education, Governors, and substate grantees shall 
establish performance standards relating to the provision of services 
under this title. Such standards shall be based on factors the 
Secretary determines to be appropriate, which may include--
            (1) placement, retention, and earnings of participants in 
        unsubsidized employment, including--
                    (A) earnings at six months or more after 
                termination from the program; and
                    (B) comparability of wages at a specified period 
                after termination from the program with wages prior to 
                participation in the program;
            (2) acquisition of skills pursuant to a skill standards and 
        skill certification system endorsed by the National Skill 
        Standards Board established under the Goals 2000: Educate 
        America Act;
            (3) satisfaction of participants and employers with 
        services provided and employment outcomes; and
            (4) the quality of services provided to hard-to-serve 
        populations, such as low income individuals, older workers, and 
        displaced homemakers.
    (b) Adjustments.--Each Governor shall, in accordance with 
regulations established by the Secretary and after consultation with 
substate grantees, prescribe adjustments to the performance standards 
established under section (a) for the substate grantees established in 
the State based on--
            (1) specific economic, geographic, and demographic factors 
        in the State and in substate areas within the State;
            (2) the characteristics of the population to be served, 
        including the demonstrated difficulties in serving special 
        populations; and
            (3) the types of services to be provided to such 
        populations.
    (c) Failure To Meet Standards.--
            (1) Uniform criteria.--
                    (A) In general.--The Secretary shall establish 
                uniform criteria for determining whether a substate 
                grantee fails to meet the performance standards under 
                this section.
                    (B) Modification.--Such criteria may not be 
                modified more than once every two years.
            (2) Technical assistance.--The Governor shall provide 
        technical assistance to substate grantees that fail to meet the 
        performance standards under the uniform criteria established 
        under paragraph (1).
            (3) Report on performance.--Not later than 90 days after 
        the end of each program year, each Governor shall submit to the 
        Secretary a report containing the final performance standards 
        for the State and the final performance standards for each 
        substate grantee in the State, including a description of the 
        technical assistance provided or planned to be provided in 
        accordance with paragraph (2).
            (4) Designation of another entity as substate grantee.--If 
        a substate grantee fails to meet the performance standards for 
        two consecutive program years, the Governor shall notify the 
        Secretary and the substate grantee of the continued failure and 
        shall terminate the grant agreement with such grantee and 
        designate another entity as the substate grantee consistent 
        with section 116(b)(2).
            (5) Appeal.--
                    (A) In general.--A substate grantee that has 
                received notice under paragraph (4) that such grantee 
                has failed to meet the performance standards for two 
                consecutive years may, not later than 30 days after 
                receiving such notice, appeal to the Secretary the 
                decision of the Governor to terminate the grant 
                agreement with such grantee.
                    (B) Decision.--The Secretary shall issue a decision 
                on an appeal under subparagraph (A) not later than 30 
                days after receiving notice of such appeal.
    (d) Incentive Grants.--
            (1) Authorization.--From the funds reserved pursuant to 
        section 101(c)(1), the Governor shall reserve funds to provide 
        incentive grants to substate grantees in the State that exceed 
        the performance standards under this section.
            (2) Use of amounts.--Such substate grantees shall use 
        amounts from such grants to enhance or expand services provided 
        under this title.

SEC. 132. CUSTOMER FEEDBACK.

    (a) Methods.--Each substate grantee shall establish, in accordance 
with standards established by the Secretary, methods for obtaining, on 
a regular basis, information from eligible individuals and employers 
who have received services under this title regarding the effectiveness 
and quality of such services and of service providers. Such methods may 
include the use of surveys, interviews, and focus groups.
    (b) Analysis and Dissemination.--Each substate grantee shall 
analyze the information obtained from using the methods established 
under subsection (a) on a regular basis for use in improving the 
administration of the programs under this title and assisting 
participants in choosing from among eligible service providers, 
including information to assist individuals from various demographic 
groups to choose from among such providers. Employees of service 
providers with respect to which customer feedback information is being 
collected and analyzed shall be provided with such information and 
analysis, and offered an opportunity to provide comments before such 
information and analysis is made available to the public.

SEC. 133. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF EDUCATION AND 
              TRAINING SERVICES.

    (a) Eligibility Requirements.--A provider of education and training 
services shall be eligible to receive funds under this title if such 
provider--
            (1) is either--
                    (A) an institution of higher education that 
                continues to be eligible to participate in title IV of 
                the Higher Education Act of 1965; or
                    (B) determined to be eligible under the procedures 
                described in subsection (b); and
            (2) provides the performance-based information required 
        pursuant to subsection (c).
    (b) Alternative Eligibility Procedure.--
            (1) In general.--The Governor shall establish, in 
        accordance with standards established by the Secretary, an 
        alternative eligibility procedure for providers of education 
        and training services in such State desiring to receive funds 
        under this title but that are not eligible to participate in 
        title IV of the Higher Education Act of 1965. Such procedure 
        shall establish minimum acceptable levels of performance for 
        such providers based on factors and guidelines developed by the 
        Secretary, after consultation with the Secretary of Education. 
        Such factors shall be comparable in rigor and scope to those 
        provisions of part H of such title of such Act that are used to 
        determine an institution of higher education's eligibility to 
        participate in programs under such title as are appropriate to 
        the type of provider seeking eligibility under this subsection 
        and the nature of the education and training services to be 
        provided.
            (2) Limitation.--Notwithstanding paragraph (1), if the 
        participation of an institution of higher education in any of 
        the programs under such title of such Act is terminated, such 
        institution shall not be eligible to receive funds under this 
        Act for a period of two years.
    (c) Performance-Based Information.--
            (1) Contents.--The Secretary, in consultation with the 
        Secretary of Education, shall identify performance-based 
        information that is to be submitted by providers of services 
        desiring to be eligible under this section and shall establish 
        a standard methodology for retrieving such information. Such 
        information shall be independently verified prior to submission 
        and may include information by various demographic groups 
        relating to--
                    (A) the percentage of students completing the 
                programs conducted by the provider;
                    (B) the rates of licensure of graduates of the 
                programs conducted by the provider;
                    (C) the percentage of graduates of the programs 
                meeting skill standards and certification requirements 
                endorsed by the National Skill Standards Board 
                established under the Goals 2000: Educate America Act;
                    (D) the rates of placement and retention in 
                employment, and earnings of the graduates of the 
                programs conducted by the provider;
                    (E) the percentage of students who obtained 
                employment in an occupation related to the program 
                conducted by the provider; and
                    (F) the warranties or guarantees provided by such 
                provider relating to the skill levels or employment to 
                be attained by students.
            (2) Additional information.--The Governor may, with the 
        approval of the Secretary, prescribe additional performance-
        based information that shall be submitted by providers pursuant 
        to this subsection.
    (d) Administration.--
            (1) State agency.--The Governor shall designate a State 
        agency to collect, verify, and disseminate the performance-
        based information submitted under subsection (c).
            (2) Submission of information to state agency.--A provider 
        of education and training services that desires to be eligible 
        to receive funds under this title shall submit the information 
        required under subsection (c) to the State agency designated 
        under paragraph (1) at such time and in such form as such State 
        agency may require.
            (3) List of eligible providers.--The State agency 
        designated under paragraph (1) shall compile a list of eligible 
        providers, accompanied by the performance-based information 
        submitted under paragraph (2), and disseminate such list and 
        information to the substate grantees within the State.
            (4) Accuracy of information.--
                    (A) In general.--If the State agency designated 
                under paragraph (1) determines that information 
                concerning a provider is inaccurate, such provider 
                shall be disqualified from receiving funds under this 
                title for a period of two years, unless such provider 
                can demonstrate to the satisfaction of the Governor or 
                the designee of such Governor, that the information was 
                provided in good faith. Individuals who received 
                training from such a disqualified provider shall be 
                provided the opportunity to receive appropriate 
                additional training and income support from a qualified 
                provider.
                    (B) Appeal.--The Governor shall establish a 
                procedure for a service provider to appeal a 
                determination by the State agency designated under 
                paragraph (1) that results in a disqualification under 
                subparagraph (A). Such procedure shall provide an 
                opportunity for a hearing and prescribe appropriate 
                time limits to ensure prompt resolution of the appeal.
            (5) Assistance in developing information.--The State agency 
        designated under paragraph (1) may provide technical assistance 
        to education and training providers in developing the 
        information required under subsection (b). Such assistance may 
        include facilitating the utilization of State administrative 
        records, such as unemployment compensation wage records, and 
        other appropriate coordination activities.
            (6) Consultation.--The Secretary shall consult with the 
        Secretary of Education regarding the eligibility of 
        institutions of higher education or other providers of 
        education and training to participate in programs under this 
        Act or under title IV of the Higher Education Act of 1965.
    (e) On-the-Job Training Exception.--
            (1) In general.--A provider of on-the-job training shall 
        not be subject to the requirements of subsections (a), (b), and 
        (c).
            (2) Collection and dissemination of information.--The 
        substate grantee shall collect performance-based information 
        from on-the-job training providers as the Secretary may 
        require.

                    Subtitle D--Program Requirements

SEC. 141. GENERAL REQUIREMENTS.

    Except as otherwise provided in this title, the following 
conditions are applicable to all programs under this title:
            (1) Prohibition on inducing relocation of establishments.--
                    (A) In general.--No funds provided under this title 
                shall be used or proposed for use to encourage or 
                induce the relocation, of an establishment or part 
                thereof, that results in a loss of employment for any 
                employee of such establishment at the original location 
                of such establishment.
                    (B) Prohibition on customized or skill training, 
                on-the-job training, or company specific assessments of 
                job applicants or employees.--No funds provided under 
                this title shall be used for customized or skill 
                training, on-the-job training, or company specific 
                assessments of job applicants or employees, for any 
                establishment or part thereof, that has relocated, 
                until 1 year after the date on which such establishment 
                commences operations at the new location, if the 
                relocation of such establishment or part thereof, 
                results in a loss of employment for any employee of 
                such establishment at the original location.
                    (C) Enforcement procedures.--
                            (i) Investigation.--If a violation of 
                        subparagraph (A) or (B) is alleged, the 
                        Secretary shall conduct an investigation to 
                        determine whether a violation has occurred.
                            (ii) Payment of penalty.--If the Secretary 
                        determines that a violation of subparagraph (A) 
                        or (B) has occurred, the Secretary shall 
                        require the State, substate area, or substate 
                        grantee that has violated subparagraph (A) or 
                        (B) to--
                                    (I) repay to the United States an 
                                amount equal to the amount expended in 
                                violation of subparagraph (A) or (B), 
                                in accordance with subsections (d) or 
                                (e) of section 154; and
                                    (II) pay an additional amount equal 
                                to the amount required to be repaid 
                                under subclause (I), unless the State, 
                                substate area, or substate grantee 
                                demonstrates to the Secretary that it 
                                neither knew nor reasonably could have 
                                known (after an inquiry undertaken with 
                                due diligence) that it provided funds 
                                in violation of subparagraph (A) or 
                                (B).
                            (iii) Deposit of penalty amounts in the 
                        treasury.--Amounts received under clause 
                        (ii)(II) shall be deposited in a special 
                        account in the Treasury for use by the 
                        Secretary for carrying out this title.
            (2) Special programs.--Efforts shall be made to develop 
        programs under this title which contribute to occupational 
        development, upward mobility, development of new careers, and 
        overcoming sex-stereotyping in occupations traditional for the 
        other sex.
            (3) Joint substate agreements.--A substate grantee may 
        enter into an agreement or contract with another substate 
        grantee to pay or share the cost of educating, training, or 
        placing in employment individuals participating in programs 
        assisted under this Act, including the provision of supportive 
        services.
            (4) On-the-job training.--
                    (A) Payments to employers.--Payments to employers 
                for on-the-job training of individuals participating in 
                programs assisted under this title shall not, during 
                the period of such training, average more than 50 
                percent of the amount of wages paid by the employer to 
                such individuals, and such payments shall be deemed to 
                be in compensation for--
                            (i) the extraordinary costs associated with 
                        training individuals participating in programs 
                        assisted under this title; and
                            (ii) the costs associated with the lower 
                        productivity of such individuals.
                    (B) Duration of training.--
                            (i) In general.--On-the-job training 
                        authorized under this title for individuals 
                        participating in programs assisted under this 
                        title shall be limited in duration to a period 
                        not in excess of the period generally required 
                        for acquisition of skills needed for the 
                        position within a particular occupation, except 
                        that such period of on-the-job training shall 
                        not exceed 6 months unless the total number of 
                        hours of such training is less than 500 hours.
                            (ii) Determination of period generally 
                        required for acquisition of skills.--In 
                        determining the period generally required for 
                        acquisition of such skills, consideration shall 
                        be given to recognized reference material (such 
                        as the Dictionary of Occupational Titles), the 
                        content of the training of the individual, the 
                        prior work experience of the individual, and 
                        the reemployment plan of the individual.
                    (C) On-the-job training contracts.--
                            (i) Contents and requirements.--Each on-
                        the-job training contract shall--
                                    (I) specify the types and duration 
                                of on-the-job training and the other 
                                services to be provided in sufficient 
                                detail to allow for a fair analysis of 
                                the reasonableness of proposed costs; 
                                and
                                    (II) comply with the applicable 
                                requirements of section 154.
                            (ii) Additional requirements for contracts 
                        entered into through intermediary brokering 
                        contractor.--Each on-the-job training contract 
                        that is not directly entered into by a substate 
                        grantee with an employer (but instead is 
                        contracted through an intermediary brokering 
                        contractor) shall, in addition to meeting the 
                        requirements contained in clause (i), specify--
                                    (I) the outreach, recruitment, 
                                participant training, counseling, 
                                placement, monitoring, followup, and 
                                other services to be provided directly 
                                by the brokering contractor within its 
                                own organization;
                                    (II) the services to be provided by 
                                the employer conducting the on-the-job 
                                training; and
                                    (III) the services to be provided, 
                                with or without cost, by other agencies 
                                and subcontractors.
                            (iii) On-site monitoring requirement with 
                        respect to subcontractor.--If an intermediary 
                        brokering contractor enters into a contract 
                        with a subcontractor to provide training or 
                        other services, the brokering contractor shall 
                        ensure, through on-site monitoring, compliance 
                        with the subcontract terms prior to making 
                        payment to the subcontractor.
                            (iv) Prohibition of contract with certain 
                        employers.--In accordance with regulations 
                        developed by the Secretary, on-the-job training 
                        contracts under this title shall not be entered 
                        into with employers who have received payments 
                        under previous contracts and have exhibited a 
                        pattern of failing to provide on-the-job 
                        training participants with continued long-term 
                        employment as regular employees with wages and 
                        employment benefits (including health benefits) 
                        and working conditions at the same level and to 
                        the same extent as other employees working a 
                        similar length of time and doing the same type 
                        of work.
            (5) Prohibition on fees for placement or referral.--A 
        person or organization may not charge an individual a fee for 
        the placement or referral of such individual in or to a 
        training program under this title.
            (6) Prohibition on subsidized employment.--No funds may be 
        provided under this Act for any subsidized employment with any 
        private for-profit employer.
            (7) Retention of program income.--
                    (A) In general.--Income under any program under 
                this title administered by a public or private 
                nonprofit entity may be retained by such entity only if 
                used to continue to carry out the program.
                    (B) Maintenance of financial records.--Each such 
                public or private nonprofit entity shall maintain 
                records sufficient to determine the amount of income 
                received and the purposes for which such income is 
                expended.
                    (C) Income described.--For purposes of this 
                paragraph, the term ``income'' shall include--
                            (i) receipts from goods or services 
                        (including conferences) provided as a result of 
                        activities funded under the title;
                            (ii) funds provided to a service provider 
                        under this title that are in excess of the 
                        costs associated with the services provided; 
                        and
                            (iii) interest income earned on funds 
                        received under this title.
            (8) Notification and consultation requirements.--
                    (A) Requirements of the secretary.--The Secretary 
                shall notify the Governor and the appropriate chief 
                elected officials of, and consult with the Governor and 
                such officials concerning, any activity to be funded by 
                the Secretary under this title within the State or 
                substate area of the State.
                    (B) Requirements of the governor.--The Governor 
                shall notify the appropriate chief elected officials 
                of, and consult with such officials concerning, any 
                activity to be funded by the Governor under this title 
                within the substate area of the State.
            (9) Prohibition on public service employment.--Except as 
        provided in section 123, no funds available under this title 
        may be used for public service employment.
            (10) Prohibition on employment generating and related 
        activities.--Except for funds available to the Secretary to 
        carry out section 123, no funds available under this Act shall 
        be used for employment generating activities, economic 
        development activities, investment in revolving loan funds, 
        capitalization of businesses, investment in contract bidding 
        resource centers, and similar activities, or for foreign 
        travel.
            (11) Applicability of federal requirements relating to 
        title, use, and disposition of certain property.--The Federal 
        requirements governing the title, use, and disposition of real 
        property, equipment, and supplies purchased with funds provided 
        under this Act shall be the Federal requirements generally 
        applicable to Federal grants to States and local governments.
            (12) Transfer of excess property of the department of 
        defense.--(A) Notwithstanding title II of the Federal Property 
        and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) 
        and any other provision of law, the Secretary shall receive 
        priority by the Secretary of Defense for the direct transfer, 
        on a nonreimbursable basis, of the property described in 
        subparagraph (B) for use in carrying out programs under this 
        Act or under any other Act.
            (B) The property described in this subparagraph is both 
        real and personal property under the control of the Department 
        of Defense that is not used by such Department, including 
        property that the Secretary of Defense determines is in excess 
        of current and projected requirements of such Department.

SEC. 142. BENEFITS.

    (a) In General.--Except as otherwise provided in this title, the 
following provisions shall apply to all activities financed under this 
title:
            (1) Prohibition on payments for failure to participate 
        without good cause.--A participant under this title shall not 
        receive payments for training activities in which the 
        participant fails to participate without good cause.
            (2) Wage rates.--An individual employed in activities 
        authorized under this title shall be paid wages which shall not 
        be less than the highest of--
                    (A) the minimum wage under section 6(a)(1) of the 
                Fair Labor Standards Act of 1938;
                    (B) the minimum wage under the applicable State or 
                local minimum wage law; or
                    (C) the prevailing rates of pay for individuals 
                employed in similar occupations by the same employer.
            (3) Compensation for on-the-job training.--
                    (A) In general.--Subject to subparagraph (B), a 
                participant in on-the-job training shall be compensated 
                by the employer at the same rates, including periodic 
                increases, as similarly situated employees or trainees 
                and in accordance with applicable law.
                    (B) Minimum rates.--The rates of compensation 
                described in subparagraph (A) shall not be less than 
                the higher of the rate specified in section 6(a)(1) of 
                the Fair Labor Standards Act of 1938 or the applicable 
                State or local minimum wage law.
            (4) Applicability of wage rates with respect to employees 
        in the commonwealth of puerto rico and american samoa.--
        References in paragraphs (2) and (3) to section 6(a)(1) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)--
                    (A) shall be deemed to be references to section 
                6(c) of that Act for individuals in the Commonwealth of 
                Puerto Rico;
                    (B) shall be deemed to be references to 6(a)(3) of 
                that Act for individuals in American Samoa; and
                    (C) shall not be applicable for individuals in 
                other territorial jurisdictions in which section 6 of 
                the Fair Labor Standards Act of 1938 does not apply.
    (b) Income Disregard.--Allowances, earnings, and payments to 
individuals participating in programs under this title shall not be 
considered as income for the purposes of determining eligibility for 
and the amount of income transfer and in-kind aid furnished under any 
Federal or federally assisted program based on need, except as provided 
under the Social Security Act.

SEC. 143. LABOR STANDARDS.

    (a) In General.--
            (1) Conditions of employment and training.--Conditions of 
        employment and training shall be appropriate and reasonable in 
        light of such factors as the type of work, geographical region, 
        and proficiency of the participant in a program under this 
        title.
            (2) Health and safety standards.--
                    (A) In general.--Health and safety standards 
                established under Federal and State law, otherwise 
                applicable to working conditions of employees, shall be 
                equally applicable to working conditions of 
                participants in programs under this title.
                    (B) Activities not covered under the occupational 
                safety and health act of 1970.--With respect to any 
                participant in a program under this title who is 
                engaged in activities which are not covered by health 
                and safety standards under the Occupational Safety and 
                Health Act of 1970, the Secretary shall prescribe, by 
                regulation, such standards as may be necessary to 
                protect the health and safety of such participant.
            (3) Workers compensation law.--
                    (A) In general.--To the extent that a State 
                workers' compensation law is applicable, workers' 
                compensation benefits in accordance with such law shall 
                be available with respect to injuries suffered by 
                participants.
                    (B) Insurance coverage.--To the extent that such 
                law is not applicable, each recipient of funds under 
                this title shall secure insurance coverage for injuries 
                suffered by such participants, in accordance with 
                regulations prescribed by the Secretary.
            (4) Benefits and working conditions under subsidized 
        jobs.--All individuals employed in subsidized jobs in a program 
        under this title shall be provided benefits and working 
        conditions at the same level and to the same extent as other 
        employees working a similar length of time and doing the same 
        type of work.
            (5) Prohibition on contributions to retirement systems or 
        plans.--No funds available under this title may be used for 
        contributions on behalf of any participant to retirement 
        systems or plans.
    (b) Displacement of Employees.--
            (1) In general.--A currently employed worker shall not be 
        displaced by any participant in a program under this title 
        (including partial displacement such as a reduction in the 
        hours of nonovertime work, wages, or employment benefits).
            (2) Prohibition on employment of participant due to layoff 
        or termination of employee.--A participant in a program under 
        this title shall not be employed or a job opening filled if--
                    (A) any other individual is on layoff from the same 
                or any substantially equivalent job; or
                    (B) the employer has terminated the employment of 
                any regular employee or otherwise reduced its workforce 
                with the intention of filling the vacancy so created by 
                hiring a participant whose wages are subsidized under 
                this title.
            (3) Infringement of promotional opportunities.--Jobs shall 
        not be created in a promotional line that will infringe in any 
        way upon the promotional opportunities of currently employed 
        individuals.
    (c) Impairment of Contracts or Collective Bargaining Agreements.--A 
program under this title shall not impair--
            (1) existing contracts for services; or
            (2) existing collective bargaining agreements.
The employer and the labor organization must concur in writing with 
respect to any elements of the proposed activities which affect such 
agreement.
    (d) Organized Labor.--
            (1) Union organizing.--Each recipient of funds under this 
        title shall provide to the Secretary assurances that none of 
        such funds will be used to assist, promote, or deter union 
        organizing.
            (2) Consultation requirement.--Any program conducted with 
        funds made available under this title which will provide 
        services to members of a labor organization will be established 
        only after full consultation with such organization.
            (3) Opportunity to comments with respect to certain 
        proposals.--If a labor organization represents a substantial 
        number of employees who are engaged in similar work or training 
        in the same area as that proposed to be funded under this 
        title, an opportunity shall be provided for such organization 
        to submit comments with respect to such proposal.
    (e) Prevailing Wages.--
            (1) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in any construction, alteration, 
        or repair, including painting and decorating, of project, 
        buildings, and works which are federally assisted under this 
        title shall be paid wages at rates not less than those 
        prevailing or similar construction in the locality as 
        determined by the Secretary in accordance with the Act of March 
        3, 1921 (40 U.S.C. 276a-276a-5), commonly known as the Davis-
        Bacon Act.
            (2) Authority and functions of secretary.--The Secretary 
        shall have, with respect to such labor standards, the authority 
        and functions set forth in Reorganization Plan Numbered 14 of 
        1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of 
        June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 
        276(c)).
            (3) Nonapplicability to training program participants.--The 
        provisions of this subsection shall not apply to a bona fide 
        participant in a training program under this title.
            (4) Nondiscrimination.--The provisions of section 157(a)(4) 
        shall apply to such trainees.

SEC. 144. GRIEVANCE PROCEDURE.

    (a) In General.--Each substate grantee, contractor, and grantee 
under this Act shall establish and maintain a grievance procedure for 
grievances or complaints relating to its programs and activities from 
participants, subgrantees, subcontractors, and other interested 
persons. Any determination, decision, or other action which affects the 
payment of unemployment compensation benefits shall not be subject to 
the grievance procedure established under the preceding sentence. 
Hearings on any grievance shall be conducted within 30 days of filing 
of a grievance and decisions shall be made not later than 60 days after 
the filing of a grievance. Except for complaints alleging fraud or 
criminal activity, complaints shall be made within one year of the 
alleged occurrence.
    (b) Grievance Procedure for Employees of Participants.--Each 
recipient of financial assistance under this title which is an employer 
of participants under this title shall continue to operate or establish 
and maintain a grievance procedure relating to the terms and conditions 
of employment.
    (c) Exhaustion of Grievance Procedure.--Upon exhaustion of the 
recipient's grievance procedure without decision, or where the 
Secretary has reason to believe that the recipient is failing to comply 
with the requirements of this title, the Secretary shall investigate 
the allegation or belief and determine within 120 days after receiving 
the complaint whether such allegation or complaint is true.
    (d) Investigation by Secretary.--
            (1) In general.--If a person alleges a violation of section 
        143 and such person exhausts the recipient's grievance 
        procedure or the 60-day time period described in subsection (a) 
        has elapsed without a decision, either party to such procedure 
        may submit the grievance to the Secretary. The Secretary shall 
        investigate the allegations contained in the grievance and make 
        a determination as to whether a violation of section 143 has 
        occurred.
            (2) Modification or reversal of decision.--If the results 
        of the investigation conducted pursuant to paragraph (1) 
        indicate that a modification or reversal of the decision issued 
        pursuant to the recipient's grievance procedure is warranted, 
        or the 60-day time period described in subsection (a) has 
        elapsed without a decision, the Secretary may modify or reverse 
        the decision, or issue a decision if no decision has been 
        issued, as the case may be, after an opportunity for a hearing 
        in accordance with the procedures under section 156.
            (3) Final decision.--If the Secretary determines that the 
        decision issued pursuant to the recipient's grievance procedure 
        is appropriate, the determination shall become the final 
        decision of the Secretary.
    (e) Binding Grievance Procedure.--
            (1) In general.--A person alleging a violation of section 
        143 may, as an alternative to the procedures described in this 
        section, submit the grievance involving such violation to a 
        binding grievance procedure if a collective bargaining 
        agreement covering the parties to the grievance so provides.
            (2) Remedies.--The remedies available under paragraph (1) 
        shall be limited to the remedies available under subsection 
        (f)(1)(C) and subsection (f)(2).
    (f) Remedies Available to Grievants.--
            (1) In general.--Except as provided in paragraph (2), 
        remedies available to grievants under this section for 
        violations of section 143 shall be limited to--
                    (A) suspension or termination of payments under 
                this Act;
                    (B) prohibition of placement of a participant, for 
                at least 2 years, in a program under this Act with an 
                employer that has violated section 143, as determined 
                under subsection (d) or (e); and
                    (C) appropriate equitable relief (other than back 
                pay).
            (2) Additional remedies.--In addition to the remedies 
        available under paragraph (1), remedies available under this 
        section for violations of subsection (a)(4), paragraphs (1) and 
        (3) of subsection (b), and subsection (d) of section 143 may 
        include--
                    (A) reinstatement of the grievant to the position 
                held by such grievant prior to displacement;
                    (B) payment of lost wages and benefits; and
                    (C) reestablishment of other relevant terms, 
                conditions, and privileges of employment.
    (g) Remedies Under Other Laws.--Nothing in subsection (f) shall be 
construed to prohibit a grievant from pursuing a remedy authorized 
under another Federal, State, or local law for a violation of section 
143.

              Subtitle E--Fiscal Administrative Provisions

SEC. 151. PROGRAM YEAR.

    (a) Obligation of Funds.--Except as provided in subsection (b), 
beginning with fiscal year 1995 and thereafter, amounts appropriated 
for any fiscal year for programs and activities under this title shall 
be available for obligation only on the basis of a program year. The 
program year shall begin on July 1 in the fiscal year for which the 
appropriation is made.
    (b) Expenditure of Obligated Funds Under Subtitle B.--Funds 
obligated to carry out subtitle B for any program year may be expended 
by each recipient during that program year and the two succeeding 
program years.

SEC. 152. PROMPT ALLOCATION OF FUNDS.

    (a) Publication of Formula Allocations and Allotments.--Whenever 
the Secretary allots and allocates funds required to be allotted or 
allocated by formula under this title, the Secretary shall publish in a 
timely fashion in the Federal Register the proposed amount to be 
distributed to each recipient.
    (b) Publication of Discretionary Allocation Formula.--Whenever the 
Secretary utilizes a formula to allot or allocate funds made available 
for distribution at the Secretary's discretion under this Act, the 
Secretary shall, not later than 30 days prior to such allotment or 
allocation, publish such formula in the Federal Register for comments 
along with the rationale for the formula and the proposed amounts to be 
distributed to each State and area. After consideration of any comments 
received, the Secretary shall publish final allotments and allocations 
in the Federal Register.

SEC. 153. MONITORING.

    (a) In General.--The Secretary is authorized to monitor all 
recipients of financial assistance under this title to determine 
whether such recipients are complying with the provisions of this title 
and the regulations issued under this title.
    (b) Investigations.--The Secretary may investigate any matter the 
Secretary determines is necessary to determine compliance with the 
provisions of this title and regulations issued under this title. The 
investigation of any such matter may include examining records 
(including making certified copies thereof), questioning employees, and 
entering any premises or onto any site in which any part of a program 
of a recipient is conducted or in which any of the records of the 
recipient are kept.
    (c) Witnesses and Documents.--For the purpose of any investigation 
or hearing under this Act, the provisions of section 9 of the Federal 
Trade Commission Act (15 U.S.C. 49) (relating to the attendance of 
witnesses and the production of books, papers, and documents) are made 
applicable to the Secretary.

SEC. 154. FISCAL CONTROLS AND SANCTIONS.

    (a) In General.--
            (1) Fiscal control and fund accounting procedures.--Each 
        State shall establish such fiscal control and fund accounting 
        procedures as may be necessary to assure the proper disbursal 
        of, and accounting for, Federal funds paid to the recipient 
        under this title. Such procedures shall ensure that all 
        financial transactions are conducted and records maintained in 
        accordance with generally accepted accounting principles 
        applicable in each State.
            (2) Uniform cost principles.--The Secretary shall prescribe 
        regulations establishing uniform cost principles substantially 
        equivalent to such principles generally applicable to 
        recipients of Federal grants funds. At a minimum, such standard 
        shall provide that, to be allowable, costs must--
                    (A) be necessary and reasonable for proper and 
                efficient administration of the program under this 
                title;
                    (B) be allocable to the program under this title; 
                and
                    (C) not be a general expense required to carry out 
                the overall responsibilities of State or local 
                governments, except as specifically provided by this 
                title.
            (3) Procurement standards.--The Governor, in accordance 
        with minimum requirements established in regulations by the 
        Secretary, shall prescribe and implement procurement standards 
        to ensure fiscal accountability and prevent fraud and abuse in 
        programs administered under this title. The Secretary, in 
        establishing such minimum requirements, shall consult with the 
        Inspector General of the Department of Labor and take into 
        consideration relevant aspects of the circulars issued by the 
        Director of the Office of Management and Budget. Such minimum 
        requirements shall include provisions to ensure that for States 
        and substate areas--
                    (A) procurements shall be conducted in a manner 
                providing full and open competition;
                    (B) the use of sole source procurements shall be 
                minimized to the extent practicable, but in every case 
                shall be justified;
                    (C) procurements shall include an appropriate 
                analysis of the reasonableness of costs and prices;
                    (D) procurements shall not provide excess program 
                income (for nonprofit and government entities) or 
                excess profit (for private for-profit entities), and 
                that appropriate factors shall be utilized in 
                determining whether such income or profit is excessive, 
                such as--
                            (i) the complexity of the work to be 
                        performed;
                            (ii) the risk borne by the contractor; and
                            (iii) market conditions in the surrounding 
                        geographical area;
                    (E) procurements shall clearly specify deliverables 
                and the basis for payment;
                    (F) written procedures shall be established for 
                procurement transactions;
                    (G) a grantee, contractor, subgrantee, or 
                subcontractor shall not engage in any conflict of 
                interest, actual or apparent, in the selection, award, 
                or administration of a contract or grant under this 
                title;
                    (H) all grantees and subgrantees shall conduct 
                oversight to ensure compliance with procurement 
                standards; and
                    (I) procurement transactions between units of State 
                or local governments shall be conducted on a cost 
                reimbursable basis.
            (4) On-site monitoring.--The Governor shall annually 
        conduct on-site monitoring of each substate grantee within the 
        State to ensure compliance with the procurement standards 
        established pursuant to paragraph (3).
            (5) Corrective action and sanctions with respect to 
        substate grantee.--If the Governor determines that a substate 
        grantee is not in compliance with the procurement standards 
        established pursuant to paragraph (3), the Governor shall--
                    (A) require corrective action to secure prompt 
                compliance; and
                    (B) impose the sanctions provided under subsection 
                (b) in the event of failure to take the required 
                corrective action.
            (6) Biennial certification.--The Governor shall biennially 
        certify to the Secretary that--
                    (A) the State has implemented the procurement 
                standards established pursuant to paragraph (3);
                    (B) the State has monitored substate grantees to 
                ensure compliance with the procurement standards as 
                required under paragraph (4); and
                    (C) the State has taken appropriate action to 
                secure compliance pursuant to paragraph (5).
            (7) Corrective action and sanctions with respect to 
        State.--If the Secretary determines that the Governor has not 
        fulfilled the requirements of this subsection, the Secretary 
        shall--
                    (A) require corrective action to secure prompt 
                compliance; and
                    (B) impose the sanctions provided under subsection 
                (f) in the event of failure of the Governor to take the 
                required corrective action.
    (b) Substantial Violations.--
            (1) Imposition of reorganization plan.--If, as a result of 
        financial and compliance audits or otherwise, the Governor 
        determines that there is a substantial violation of a specific 
        provision of this title or the regulations under this title, 
        and corrective action has not been taken, the Governor shall 
        impose a reorganization plan, which may include--
                    (A) redesignating the substate grantee;
                    (B) prohibiting the use of designated service 
                providers;
                    (C) merging the substate area into 1 or more other 
                existing substate areas; or
                    (D) other such changes as the Secretary or Governor 
                determines necessary to secure compliance.
            (2) Appeals process.--(A) The actions taken by the Governor 
        pursuant to paragraph (1)(A) may be appealed to the Secretary 
        and shall not become effective until--
                    (i) the time for appeal has expired; or
                    (ii) the Secretary has issued a decision.
            (B) The actions taken by the Governor pursuant to paragraph 
        (1)(B) may be appealed to the Secretary, who shall make a final 
        decision not later than 60 days of the receipt of the appeal.
            (3) Failure by governor to take prompt action.--If the 
        Governor fails to promptly take the actions required under 
        paragraph (1), the Secretary shall take such actions.
    (c) Repayment of Funds.--Every recipient shall repay to the United 
States amounts found not to have been expended in accordance with this 
title. The Secretary may offset such amounts against any other amount 
to which the recipient is or may be entitled under this Act unless the 
Secretary determines that such recipient should be held liable pursuant 
to subsection (d). No such action shall be taken except after notice 
and opportunity for a hearing have been given to the recipient.
    (d) Liability for Repayment of Funds.--
            (1) In general.--Each recipient shall be liable to repay 
        such amounts, from funds other than funds received under this 
        title, upon a determination that the misexpenditures of funds 
        was due to willful disregard of the requirements of this title, 
        gross negligence, or failure to observe accepted standards of 
        administration. No such finding shall be made except after 
        notice and opportunity for a fair hearing.
            (2) Requirements.--In determining whether to impose any 
        sanction authorized by this section against a recipient for 
        violations by a subgrantee of such recipient under this title 
        or the regulations under this title, the Secretary shall first 
        determine whether such recipient has adequately demonstrated 
        that it has--
                    (A) established and adhered to an appropriate 
                system for the award and monitoring of contracts with 
                subgrantees which contains acceptable standards for 
                ensuring accountability;
                    (B) entered into a written contract with such 
                subgrantee which established clear goals and 
                obligations in unambiguous terms;
                    (C) acted with due diligence to monitor the 
                implementation of the subgrantee contract, including 
                the carrying out of the appropriate monitoring 
                activities (including audits) at reasonable intervals; 
                and
                    (D) taken prompt and appropriate corrective action 
                upon becoming aware of any evidence of a violation of 
                this Act or the regulations under this Act by such 
                subgrantee.
            (3) Waiver.--If the Secretary determines that the recipient 
        has demonstrated substantial compliance with the requirements 
        of paragraph (2), the Secretary may waive the imposition of 
        sanctions authorized by this section upon such recipient. The 
        Secretary is authorized to impose any sanction consistent with 
        the provisions of this title and any applicable Federal or 
        State law directly against any subgrantee for violation of this 
        Act or the regulations under this Act.
    (e) Emergency Termination of Financial Assistance.--
            (1) In general.--In emergency situations, if the Secretary 
        determines it is necessary to protect the integrity of the 
        funds or ensure the proper operation of the program, the 
        Secretary may immediately terminate or suspend financial 
        assistance, in whole or in part, if the recipient is given 
        prompt notice and the opportunity for a subsequent hearing 
        within 30 days after such termination or suspension.
            (2) Nondelegation of functions.--The Secretary shall not 
        delegate any of the functions specified in paragraph (1), other 
        than to an officer whose appointment was required to be made by 
        and with the advice and consent of the Senate.
    (f) Corrective Measures.--If the Secretary determines that any 
recipient under this title has discharged or in any other manner 
discriminated against a participant or against any individual in 
connection with the administration of the program involved, or against 
any individual because such individual has filed any complaint or 
instituted or caused to be instituted any proceeding under or related 
to this title, or has testified or is about to testify in any such 
proceeding or investigation under or related to this title, or 
otherwise unlawfully denied to any individual a benefit under the 
provisions of this title, or the Secretary's regulations, the Secretary 
shall, within thirty days, take such action or order such corrective 
measures, as necessary, with respect to the recipient or the aggrieved 
individual, or both.
    (g) Remedies Not Exclusive.--The remedies under this section shall 
not be construed to be exclusive remedies.

SEC. 155. REPORTS, RECORDKEEPING, AND INVESTIGATIONS.

    (a) Records.--(1) Recipients shall keep records that are sufficient 
to permit the preparation of reports required by this title and to 
permit the tracing of funds to a level of expenditure adequate to 
ensure that the funds have not been spent unlawfully.
    (2) Every recipient shall maintain such records and submit such 
reports, in such form and containing such information, as the Secretary 
requires regarding the performance of its programs. Such records and 
reports shall be submitted to the Secretary but shall not be required 
to be submitted more than once each quarter unless specifically 
requested by the Congress or a committee thereof.
    (3) In order to allow for the preparation of national estimates 
necessary to meet the requirements of subsection (c), recipients shall 
maintain standardized records for all individual participants and 
provide to the Secretary a sufficient number of such records to provide 
for an adequate analysis.
    (4)(A) Except as provided in subparagraph (B), records maintained 
by recipients pursuant to this subsection shall be made available to 
the public upon request.
    (B) Subparagraph (A) shall not apply to--
            (i) information, the disclosure of which would constitute a 
        clearly unwarranted invasion of personal privacy; and
            (ii) trade secrets, or commercial or financial information, 
        obtained from a person and privileged or confidential.
    (C) Recipients may charge fees sufficient to recover costs 
applicable to the processing of requests for records under subparagraph 
(A).
    (b) Investigations.--(1)(A) In order to evaluate compliance with 
the provisions of this title, the Secretary shall conduct, in several 
States, in each fiscal year, investigations of the use of funds 
received by recipients under this title.
    (B) In order to ensure compliance with the provisions of this 
title, the Comptroller General of the United States may conduct 
investigations of the use of funds received under this title by any 
recipient.
    (2) In conducting any investigation under this title, the Secretary 
or the Comptroller General of the United States may not request the 
compilation of any new information not readily available to such 
recipient.
    (3)(A) In carrying out any audit under this title (other than any 
initial audit survey or any audit investigating possible criminal or 
fraudulent conduct), either directly or through grant or contract, the 
Secretary, the Inspector General, or the Comptroller General of the 
United States shall furnish to the State, substate grantee, recipient, 
or other entity to be audited, advance notification of the overall 
objectives and purposes of the audit, and any extensive recordkeeping 
or data requirements to be met, not fewer than 14 days (or as soon as 
practicable), prior to the commencement of the audit.
    (B) If the scope, objectives, or purposes of the audit change 
substantially during the course of the audit, the entity being audited 
shall be notified of the change as soon as practicable.
    (C) The reports on the results of such audits shall cite the law, 
regulation, policy, or other criteria applicable to any finding.
    (D) Nothing contained in this title shall be construed so as to be 
inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.) or 
government auditing standards issued by the Comptroller General.
    (c) Responsibilities of Fund Recipients.--Each State, substate 
grantee, and recipient (other than a subrecipient, grantee or 
contractor of a recipient) receiving funds under this title shall--
            (1) make readily accessible reports concerning its 
        operations and expenditures as shall be prescribed by the 
        Secretary;
            (2) prescribe and maintain comparable management 
        information systems, in accordance with guidelines that shall 
        be prescribed by the Secretary, designed to facilitate the 
        uniform compilation, cross tabulation, and analysis of 
        programmatic, participant, and financial data, on statewide and 
        substate area bases, necessary for reporting, monitoring, and 
        evaluating purposes, including data necessary to comply with 
        section 157; and
            (3) monitor the performance of service providers in 
        complying with the terms of grants, contracts, or other 
        agreements made pursuant to this Act.
    (d) Retention of Records.--The Governor shall ensure that 
requirements are established for retention of all records pertinent to 
all grants awarded, and contracts and agreements entered into, under 
this title, including financial, statistical, property and participant 
records and supporting documentation. For funds allotted to a State for 
any program year, records shall be retained for 2 years following the 
date on which the annual expenditure report containing the final 
expenditures charged to such program year's allotment is submitted to 
the Secretary. Records for nonexpendable property shall be retained for 
a period of 3 years after final disposition of the property. All such 
records may be retained electronically.
    (e) Financial Records.--Each State and substate grantee shall 
maintain records with respect to programs under this title that 
identify--
            (1) any program income or profits earned, including such 
        income or profits earned by subrecipients; and
            (2) any costs incurred (such as stand-in costs) that are 
        otherwise allowable except for funding limitations.

SEC. 156. ADMINISTRATIVE ADJUDICATION.

    (a) In General.--Whenever any applicant for financial assistance 
under this title is dissatisfied because the Secretary has made a 
determination not to award financial assistance in whole or in part to 
such applicant, the applicant may request a hearing before an 
administrative law judge of the Department of Labor. A similar hearing 
may also be requested by any recipient upon whom a corrective action or 
a sanction has been imposed by the Secretary. Except to the extent 
provided for in section 141(b), subsections (d) and (e) of section 144, 
or section 157, all other disputes arising under this title shall be 
adjudicated under grievance procedures established by the recipient or 
under applicable law other than this title.
    (b) Final Decisions.--The decision of the administrative law judge 
shall constitute final action by the Secretary unless, within 20 days 
after receipt of the decision of the administrative law judge, a party 
dissatisfied with the decision or any part thereof has filed exceptions 
with the Secretary specifically identifying the procedure, fact, law, 
or policy to which exception is taken. Any exception not specifically 
urged shall be deemed to have been waived. Thereafter the decision of 
the administrative law judge shall become the final decision of the 
Secretary unless the Secretary, within 30 days of such filing, has 
notified the parties that the case has been accepted for review.
    (c) Deadline for Review.--Any case accepted for review by the 
Secretary shall be decided within 180 days of such acceptance. If not 
so decided, the decision of the administrative law judge shall become 
the final decision of the Secretary.
    (d) Applicable Provisions.--The provisions of section 158 shall 
apply to any final action of the Secretary under this section.

SEC. 157. NONDISCRIMINATION.

    (a) In General.--(1) For the purpose of applying the prohibitions 
against discrimination on the basis of age under the Age Discrimination 
Act of 1975, on the basis of disability under section 504 of the 
Rehabilitation Act, on the basis of sex under title IX of the Education 
Amendments of 1972, or on the basis of race, color, or national origin 
under title VI of the Civil Rights Act of 1964, programs and activities 
funded or otherwise financially assisted in whole or in part under this 
title are considered to be programs and activities receiving Federal 
financial assistance.
    (2) No individual shall be excluded from participation in, denied 
the benefits of, subjected to discrimination under, or denied 
employment in the administration of or in connection with any such 
program because of race, color, religion, sex, national origin, age, 
political affiliation or belief, or status as a qualified individual 
with disabilities.
    (3) Participants shall not be employed on the construction, 
operation, or maintenance of so much of any facility as is used or to 
be used for sectarian instruction or as a place for religious worship.
    (4) With respect to terms and conditions affecting, or rights 
provided to, individuals who are participants in activities supported 
by funds provided under this title, such individuals shall not be 
discriminated against solely because of their status as such 
participants.
    (5) Participation in programs and activities financially assisted 
in whole or in part under this title shall be open to citizens and 
nationals of the United States, lawfully admitted permanent resident 
aliens, lawfully admitted refugees and parolees, and other individuals 
authorized by the Attorney General to work in the United States.
    (b) Failure To Comply.--Whenever the Secretary finds that a State 
or other recipient has failed to comply with a provision of law 
referred to in subsection (a)(1), with paragraph (2), (3), (4), or (5) 
of subsection (a), or with an applicable regulation prescribed to carry 
out such paragraphs, the Secretary shall notify such State or recipient 
and shall request it to comply with such provision of law or such 
paragraph, as the case may be. If within a reasonable period of time, 
not to exceed sixty days, the State or recipient fails or refuses to 
comply, the Secretary may--
            (1) refer the matter to the Attorney General with a 
        recommendation that an appropriate civil action be instituted;
            (2) exercise the powers and functions provided by title VI 
        of the Civil Rights Act of 1964, the Age Discrimination Act of 
        1975, or section 504 of the Rehabilitation Act of 1973, as may 
        be applicable; or
            (3) take such other action as may be provided by law.
    (c) Referral To Attorney General.--When a matter is referred to the 
Attorney General pursuant to subsection (b)(1), or whenever the 
Attorney General has reason to believe that a State or other recipient 
is engaged in a pattern or practice in violation of a provision of law 
referred to in subsection (a)(1) or in violation of paragraph (2), (3), 
(4), or (5) of subsection (a), the Attorney General may bring a civil 
action in any appropriate district court of the United States for such 
relief as may be appropriate, including injunctive relief.

SEC. 158. JUDICIAL REVIEW.

    (a) In General.--(1) With respect to any final order by the 
Secretary under section 156 whereby the Secretary determines to award, 
to not award, or to only conditionally award, financial assistance, 
with respect to any final order of the Secretary under section 156, 
with respect to a corrective action or sanction imposed under section 
154, any party to a proceeding which resulted in such final order may 
obtain review of such final order in the United States Court of Appeals 
having jurisdiction over the applicant or recipient of funds, by filing 
a review petition within 30 days of such final order.
    (2) The clerk of the court shall transmit a copy of the review 
petition to the Secretary, who shall file the record upon which the 
final order was entered as provided in section 2112 of title 28, United 
States Code. Review petitions, unless ordered by the court, shall not 
stay the Secretary's order. Petitions under this title shall be heard 
expeditiously, if possible within ten days of the filing of a reply 
brief.
    (3) No objection to the order of the Secretary shall be considered 
by the court unless the objection shall have been specifically and 
timely urged before the Secretary. Review shall be limited to questions 
of law and the Secretary's findings of fact shall be conclusive if 
supported by substantial evidence.
    (b) Jurisdiction of the Court.--The court shall have jurisdiction 
to make and enter a decree affirming, modifying, or setting aside the 
order of the Secretary in whole or in part. The court's judgment shall 
be final, subject to certiorari review by the Supreme Court of the 
United States as provided in section 1254(1) of title 28, United States 
Code.

SEC. 159. ADMINISTRATIVE PROVISIONS.

    (a) Rules and Regulations.--The Secretary may, in accordance with 
chapter 5 of title 5, United States Code, prescribe such rules and 
regulations (including performance standards) as the Secretary deems 
necessary. Such rules and regulations may include adjustments 
authorized by section 204 of the Intergovernmental Cooperation Act of 
1968. All such rules and regulations shall be published in the Federal 
Register at least thirty days prior to their effective date. Copies of 
all such rules and regulations shall be transmitted to the appropriate 
committees of the Congress at the same time and shall contain, with 
respect to each material provision of such rules and regulations, 
citations to the particular substantive section of law which is the 
basis therefor.
    (b) Gifts.--The Secretary is authorized, in carrying out this 
title, to accept, purchase, or lease in the name of the department, and 
employ or dispose of in furtherance of the purposes of this title, any 
money or property, real, personal, or mixed, tangible or intangible, 
received by gift, devise, bequest, or otherwise, and to accept 
voluntary and uncompensated services notwithstanding the provisions of 
section 1342 of title 31, United States Code.
    (c) Authority To Expend Funds.--The Secretary may make such grants, 
contracts, or agreements, establish such procedures and make such 
payments, in installments and in advance or by way of reimbursement, or 
otherwise allocate or expend funds under this title as necessary to 
carry out this title, including (without regard to the provisions of 
section 4774(d) of title 10, United States Code) expenditures for 
construction, repairs, and capital improvements, and including 
necessary adjustments in payments on account of overpayments of 
underpayments.
    (d) Use of Services and Facilities.--The Secretary is authorized, 
in carrying out this title, under the same conditions applicable under 
section 159(c) or to the extent permitted by law other than this title, 
to accept and use the services and facilities of departments, agencies, 
and establishments of the United States. The Secretary is also 
authorized to accept and use the services and facilities of the 
agencies of any State or political subdivision of a State, with its 
consent.
    (e) Political Activities.--The Secretary shall not provide 
financial assistance for any program under this title which involves 
political activities.

SEC. 160. OBLIGATIONAL AUTHORITY.

    Notwithstanding any other provision of this title, no authority to 
enter into contracts or financial assistance agreements under this 
title shall be effective except to such extent or in such amount as are 
provided in advance in appropriation Acts.

                  Subtitle F--Consolidation Provisions

SEC. 171. REPEALERS.

    The following provisions of law are hereby repealed:
            (1) Title III of the Job Training Partnership Act (29 
        U.S.C. 1651 et seq.).
            (2) Section 462(e) of such Act (29 U.S.C. 1752(e)).
            (2) Part J of title IV of such Act (29 U.S.C. 1784 et 
        seq.).

SEC. 172. CONFORMING AMENDMENTS.

    (a) Job Training Partnership Act.--
            (1) Table of contents.--The table of contents of the Job 
        Training Partnership Act (29 U.S.C. 1501 note) is amended--
                    (A) by striking the items relating to title III; 
                and
                    (B) by striking the items relating to part J of 
                title IV.
            (2) Authorization of appropriations.--Section 3 of such Act 
        (29 U.S.C. 1502) is amended--
                    (A) by striking subsection (b); and
                    (B) by striking paragraph (5) of subsection (c).
            (3) Other references.--
                    (A) Section 106 of such Act (29 U.S.C. 1516) is 
                amended--
                            (i) by striking subsection (c); and
                            (ii) in the first sentence of subsection 
                        (e)--
                                    (I) by striking ``and title III''; 
                                and
                                    (II) by striking ``subsections (b) 
                                and (c)'' and inserting ``subsection 
                                (b)''.
                    (B) Section 108 of such Act (29 U.S.C. 1518) is 
                amended by striking subsection (c) of such section.
                    (C) Section 121 of such Act (29 U.S.C. 1531) is 
                amended--
                            (i) in the first sentence of subsection 
                        (b)(1), by striking ``(including title III)''; 
                        and
                            (ii) by striking subsection (c)(7).
                    (D) Section 123(d)(2)(C) of such Act (29 U.S.C. 
                1533(d)(2)(C)) is amended in the second sentence by 
                striking ``to title III participants and''.
                    (E) Section 141(c) of such Act (29 U.S.C. 1551(c)) 
                is amended by striking paragraph (5).
    (b) Other Provisions of Law.--
            (1) Carl d. perkins vocational and applied technology 
        education act.--
                    (A) Section 420A(a)(6)(D) of the Carl D. Perkins 
                Vocational and Applied Technology Education Act (20 
                U.S.C. 2420a(a)(6)(D)) is amended by striking ``title 
                III of the Job Training Partnership Act'' and inserting 
                ``title I of the Reemployment Act of 1994''.
                    (B) Section 511(b) of such Act (20 U.S.C. 2468(b)) 
                is amended--
                            (i) in paragraph (1), by striking ``, title 
                        II, and title III'' and inserting ``and title 
                        II'';
                            (ii) by redesignating paragraph (2) as 
                        paragraph (3); and
                            (iii) by inserting after paragraph (2) the 
                        following new paragraph:
            ``(2) Title I of the Reemployment Act of 1994.''.
            (2) Title 5, u.s.c.--Section 3502(d)(3)(A) of title 5, 
        United States Code, is amended by striking ``section 311(b)(2) 
        of the Job Training Partnership Act'' and inserting ``section 
        112 of the Reemployment Act of 1994''.
            (3) Title 18, u.s.c.--Section 665 of title 18, United 
        States Code, is amended by striking ``or the Job Training 
        Partnership Act'' each place it appears and inserting ``, the 
        Job Training Partnership Act, or title I of the Reemployment 
        Act of 1994.''
            (4) Trade act of 1974.--
                    (A) Section 236(a)(5) of the Trade Act of 1974 (19 
                U.S.C. 2296(a)(5)) is amended by striking subparagraph 
                (B).
                    (B) Section 239(e) of such Act (19 U.S.C. 2311(e)) 
                is amended in the first sentence by striking ``and 
                under title III of the Job Training Partnership Act''.
            (5) Worker adjustment and retraining notification act.--
        Section 3(a) of the Worker Adjustment and Retraining 
        Notification Act (29 U.S.C. 2102(a)) is amended by striking 
        ``title III of the Job Training Partnership Act (29 U.S.C. 1651 
        et seq.)'' and inserting ``title I of the Reemployment Act of 
        1994''.

SEC. 173. TRANSITION.

    The Secretary may establish such rules and procedures as may be 
necessary to provide for the orderly transition from the programs under 
the provisions of law described in section 171 to the program 
authorized under this title.

      TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

SEC. 201. PURPOSE.

    The purpose of this title is to establish a Federal program of 
grants and waivers to allow States and localities the opportunity to 
transform the current array of employment and training programs into a 
coordinated information and service delivery system for individuals 
seeking jobs and for employers seeking workers.

                  Subtitle A--Basic System Components

SEC. 211. GENERAL REQUIREMENTS.

    A one-stop career system under this title shall provide for--
            (1) integration of employment and training programs in 
        accordance with section 212;
            (2) choice of information, services, and providers of such 
        information and services for customers in such system in 
        accordance with section 213;
            (3) universal access to services by customers, including 
        individuals and employers, in accordance with section 214; and
            (4) accountability of the providers of such information and 
        services in accordance with section 215.

SEC. 212. INTEGRATION OF EMPLOYMENT AND TRAINING PROGRAMS COMPONENT.

    The integration of employment and training programs component of a 
one-stop career system shall include the coordinated use of multiple 
employment and training resources, program services, and delivery 
systems of the programs described in section 242. Such component--
            (1) shall include the use of--
                    (A) common intake methodology;
                    (B) coordinated job development and placement for 
                multiple programs; and
                    (C) unified and linked computer systems, including 
                uniform management information systems; and
            (2) shall include the use of at least 2 of the following:
                    (A) Common assessment methodology.
                    (B) Cross-training of staff for joint service 
                delivery.
                    (C) Coordinated employability development teams.
                    (D) Joint purchasing and integrated contracting.
                    (E) Individual service accounts.

SEC. 213. CUSTOMER CHOICE COMPONENT.

    The customer choice component of a one-stop career system shall 
ensure that individuals are provided with sufficient information to 
make an informed choice with respect to the types of information and 
services available under such system, the providers of such information 
and services, and the location and methods for obtaining such 
information and services. Such component shall include a choice with 
respect to--
            (1) the point of entry, to the extent practicable, of such 
        individuals into the system for the provision of basic services 
        described in section 243(a);
            (2) the types of intensive services provided to such 
        individuals in accordance with section 243(b); and
            (3) the providers of education and training services for 
        individuals eligible for such services, to the extent 
        practicable, in accordance with section 243.

SEC. 214. UNIVERSAL ACCESS COMPONENT.

    The universal access component of a one-stop career system shall 
provide for access to a comprehensive array of quality employment, 
education, and training services by individuals and employers. Such 
component shall include--
            (1)(A) co-location of services; or
            (B) multiple points of entry into the system; and
            (2) the use of at least 2 of the following:
                    (A) Telecommunications and computer technology, 
                including the use of electronic mailboards and toll-
                free telephone services.
                    (B) Information booths in public areas, including 
                the stationing of staff at such booths and the use of 
                electronic information kiosks.
                    (C) Mobile units and satellite offices.
                    (D) Services described in subparagraph (A) or (B) 
                of paragraph (1) that have not been included in such 
                component under such paragraph.

SEC. 215. ACCOUNTABILITY COMPONENT.

    The accountability component of a one-stop career system shall 
provide for accountability of the providers of information and services 
to the satisfaction of individuals receiving such information and 
services. Such component shall provide for accountability with respect 
to the attainment of positive employment and training outcomes by such 
individuals, including attainment of such outcomes by individuals from 
various demographic groups and special populations. Such component 
shall include the use of--
            (1) measures for assessing performance and the consequences 
        for poor performance of providers of information and services;
            (2) methods to measure the satisfaction of individuals 
        receiving such information and services, including surveys and 
        focus groups; and
            (3) consumer reports on achievement of performance 
        standards and best practices, which may include information 
        relating to--
                    (A) the types of services to be provided, including 
                the duration of such services and the location at which 
                such services will be provided;
                    (B) the number of individuals who have received 
                such services during the preceding 12-month period; and
                    (C) the results of the receipt by individuals of 
                such services.

                      Subtitle B--Grants to States

SEC. 221. PURPOSE.

    The purpose of this subtitle is to assist States in the 
implementation of comprehensive statewide networks of one-stop career 
systems in all areas of such States.

SEC. 222. AUTHORIZATION.

    (a) Grants to States.--The Secretary may provide grants to States 
in such amounts as the Secretary determines to be necessary to enable 
such States to implement comprehensive statewide networks of one-stop 
career systems in all areas of such States.
    (b) Grants to Native American Tribal Entities.--
            (1) In general.--The Secretary may provide grants to Native 
        American tribal entities in such amounts as the Secretary 
        determines to be necessary to enable such entities to implement 
        one-stop career systems for such entities.
            (2) Requirements.--In providing grants under paragraph (1), 
        the Secretary shall require Native American tribal entities to 
        comply with requirements similar to those requirements imposed 
        on States under this subtitle, except where special 
        circumstances exist which would make such requirements 
        inappropriate to the accomplishment of the purposes of this 
        title, as determined by the Secretary.
    (c) Notification of Interagency Task Force.--The Secretary may 
provide a grant under this section only if the Secretary notifies the 
interagency task force established under section 264 prior to providing 
such grant.
    (d) Period of Grant.--The provision of payments under a grant under 
subsection (a) shall not exceed 3 fiscal years and shall be subject to 
the annual approval of the Secretary and subject to the availability of 
appropriations for the fiscal year involved to make the payments.
    (e) Limitation.--A State shall be eligible to receive only 1 grant 
under subsection (a).

SEC. 223. APPLICATION.

    (a) In General.--
            (1) Submission.--Subject to paragraph (2), the Secretary 
        may not provide a grant under section 222 to a State unless the 
        Governor of the State, on behalf of the State, submits to the 
        Secretary an application, at such time, in such form, and 
        containing such information as the Secretary may reasonably 
        require.
            (2) Review and comment by certain individuals.--If, after a 
        reasonable effort, the Governor is unable in accordance with 
        subsection (c)(4) to obtain the support of the individuals 
        described in subsection (b)(5) for the State plan described in 
        subsection (c), then the Governor shall--
                    (A) provide such individuals with copies of the 
                application;
                    (B) allow such individuals to submit to the 
                Governor, not later than the end of the 30-day period 
                beginning on the date on which the Governor provides 
                such individuals with copies of such application under 
                subparagraph (A), comments on those portions of the 
                plan that address matters that, under State or other 
                applicable law, are under the jurisdiction of such 
                individuals; and
                    (C) include any such comments in the application in 
                accordance with subsection (b)(5).
            (3) Review and comment by certain entities.--Prior to 
        submitting to the Secretary an application under paragraph (1), 
        the Governor shall provide interested employers, labor 
        organizations, community-based organizations, and educational 
        and other public agencies with copies of such application, 
        allow such entities to submit comments on such application in 
        accordance with paragraph (2)(B), and include such comments in 
        the application.
    (b) Contents.--Such application shall include--
            (1) a plan for a comprehensive statewide network of one-
        stop career systems that meets the requirements of subsection 
        (c);
            (2) assurances that the State will update such plan during 
        the period of the grant, as determined to be necessary by the 
        Secretary;
            (3) a description of the manner in which the State will 
        manage funds received from such grant, including the manner in 
        which the State will allocate funds made available through such 
        grant to all one-stop service areas in the State;
            (4) a request, if the State decides to submit such a 
        request, for a waiver of 1 or more requirements of the 
        provisions of law, as provided for under subtitle E;
            (5) a description of the manner in which the Governor, 
        local elected officials, officials administering participating 
        programs, and other appropriate officials, collaborated in the 
        development of the application;
            (6) any comments on the application submitted to the 
        Governor under subsection (a)(2), where applicable; and
            (7) such other information as the Secretary may require.
    (c) State Plan.--A State plan referred to in subsection (b)(1) 
shall--
            (1) designate one-stop service areas and administrative 
        entities in the State in accordance with section 241;
            (2) describe the manner in which the State will stimulate 
        and support one-stop career systems, including the 
        identification of the one-stop service areas in the State that 
        will immediately begin implementation of the one-stop career 
        center systems and the manner in which the comprehensive 
        statewide network of one-stop career systems will be expanded 
        over the period of the grant to cover all geographic areas in 
        the State, including urban and rural areas;
            (3) describe the procedure by which the individuals 
        described in subsection (b)(5) will collaborate in the 
        implementation of the comprehensive statewide network of one-
        stop career systems;
            (4) demonstrate the support of individuals described in 
        subsection (b)(5) for the plan, except in the case where the 
        Governor is unable to obtain the support of such individuals as 
        provided in subsection (a)(2);
            (5) describe the manner in which the State has obtained and 
        will continue to obtain the active and continued involvement in 
        the comprehensive statewide networks of one-stop career systems 
        of locally elected officials, postsecondary educational 
        institutions (or related agencies), employers, business 
        associations, industrial extension centers, employees, 
        statewide labor federations, local central labor bodies, and 
        other affected labor organizations, related services personnel, 
        students, community-based organizations, rehabilitation 
        agencies and organizations, local vocational educational 
        agencies, vocational student organizations, human service 
        agencies, and youth-serving agencies;
            (6) in the case of a State that has initiated the 
        establishment of a comprehensive statewide network of one-stop 
        career systems, a description of how such system will be 
        expanded with funds provided from a grant under section 222;
            (7) describe the manner in which the comprehensive 
        statewide network of one-stop career systems will coordinate 
        with or integrate local one-stop career systems in existence on 
        or after the date of the enactment of this Act;
            (8) describe the resources that the State intends to use in 
        maintaining the comprehensive statewide network of one-stop 
        career systems when funds provided from a grant under section 
        222 have been expended;
            (9) designate a fiscal agent to receive and be accountable 
        for funds provided from a grant under section 222;
            (10) describe the strategy of the State for providing 
        training for employers, representatives of labor organizations, 
        counselors, related services personnel, and others under the 
        comprehensive statewide network of one-stop career systems, 
        including specialized training and technical support for the 
        counseling and training of women, minorities, out-of-school 
        youths, and individuals with disabilities for high-skill, high-
        wage careers in nontraditional employment, and provide 
        assurances of coordination with similar training and technical 
        support under other provisions of law;
            (11) describe the goals of the State and the methods the 
        State will use, such as awareness and outreach, to ensure 
        opportunities for women to participate in the comprehensive 
        statewide network of one-stop career systems in a manner that 
        leads to employment in high-performance, high-paying jobs, 
        including nontraditional employment, and goals to ensure an 
        environment free from racial and sexual harassment;
            (12) describe how the State will serve individuals from 
        rural communities with low population densities under the 
        comprehensive statewide network of one-stop career systems;
            (13) ensure the provision of services described in section 
        243 to individuals participating in one-stop career systems in 
        the State by one-stop service providers described in section 
        244 in accordance with operating agreements described in 
        section 245;
            (14) describe how the State will meet the performance 
        standards prescribed by the Secretary in accordance with 
        section 262;
            (15) designate the State human resource investment council 
        or similar entity in accordance with section 247;
            (16) identify programs that will participate in the one-
        stop career systems, the extent to which such programs will 
        provide services to program participants through such systems, 
        and the financial liability of the respective parties relating 
        to the funds contributed by the participating programs under 
        section 242;
            (17) describe the financial and nonfinancial contributions 
        to be made to the one-stop career systems by the participating 
        programs under section 232, and the factors on which such 
        contributions shall be based, such as the number of 
        participants served and the quality of services provided;
            (18) describe the extent and means by which each one-stop 
        system in the comprehensive statewide network of one-stop 
        career systems will provide for the 4 basic system components 
        in accordance with subtitle A;
            (19) describe how available labor market information and 
        other appropriate methods will be utilized in the comprehensive 
        statewide network of one-stop career systems in order to 
        identify--
                    (A) the jobs currently available, the occupations 
                currently in demand, and the occupations likely to be 
                in demand in the future in the one-stop service areas 
                in such network;
                    (B) the skill requirements relating to such jobs 
                and occupations; and
                    (C) the education and training services, and the 
                relative quality of such services, in the one-stop 
                service areas that are available to assist individuals 
                in acquiring such skills;
            (20) describe the strategies to meet the needs of segments 
        of the population with barriers to employment under the 
        comprehensive statewide network of one-stop career systems, 
        including the economically disadvantaged, welfare recipients, 
        at-risk youths, dislocated workers, individuals with 
        disabilities, displaced homemakers, older workers, and other 
        targeted populations; and
            (21) describe how the State will serve individuals from 
        areas of high urban and rural unemployment which also contain 
        high concentrations of individuals with low-skill levels.

SEC. 224. REVIEW OF APPLICATION.

    (a) Priority Considerations.--In evaluating applications submitted 
under section 223, the Secretary shall give priority to applications in 
which--
            (1) one-stop service areas are based on labor market areas;
            (2) a large percentage of funds made available to carry out 
        the Federal programs described in section 242 are made 
        available under the one-stop career systems so that services 
        and activities under such programs are fully integrated on a 
        financial and programmatic basis into such systems;
            (3) components of such systems described in subtitle A have 
        already been implemented by the State;
            (4) a higher percentage of the population or geographic 
        areas of the State will be initially covered by the one-stop 
        service areas in such State;
            (5) one-stop career systems will enhance services described 
        in section 243 through the use of more than the minimum 
        requirements of the components described in sections 212 
        through 215; and
            (6) a high level of concurrence exists among the 
        individuals described in section 223(b)(5) for the State plan.
    (b) Approval Criteria.--The Secretary shall approve an application 
submitted under section 223 only if such application demonstrates that 
the one-stop career systems under the comprehensive statewide network 
of one-stop career systems described in such application are likely to 
successfully implement the basic system components described in 
subtitle A.
    (c) Actions.--
            (1) In general.--In reviewing each application submitted 
        under section 223, the Secretary shall determine whether the 
        application and the plan described in such application meet the 
        approval criteria in subsection (b).
            (2) Actions after affirmative determination.--If the 
        determination under paragraph (1) is affirmative, the Secretary 
        may take 1 or more of the following actions:
                    (A) Provide a grant under section 222 to the State 
                submitting the application.
                    (B) Approve the request of the State, if any, for a 
                waiver in accordance with the procedures set forth in 
                subtitle E.

SEC. 225. USE OF AMOUNTS.

    The Secretary may not provide a grant under section 222 to a State 
unless the State agrees that the State will use all amounts received 
from such grant to implement a comprehensive statewide network of one-
stop career systems in accordance with this title.

SEC. 226. REPORTS.

    The Secretary may not provide a grant under section 222 to a State 
unless the State agrees that the State will submit to the Secretary 
such reports as the Secretary may reasonably require, including--
            (1) the use of amounts under such grant;
            (2) the achievement of performance standards for the 
        system; and
            (3) the attainment of customer satisfaction in the system,
except that the Secretary may not require more than 1 such report 
during any 3-month period.

          Subtitle C--Federal Grants to One-Stop Service Areas

SEC. 231. PURPOSE.

    The purpose of this subtitle is to provide grants directly to one-
stop service areas to assist such areas in the implementation of one-
stop career systems.

SEC. 232. AUTHORIZATION.

    (a) Grants to One-Stop Service Areas.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may provide grants directly to one-stop service areas that have 
        been established in accordance with subsection (b)(1) in such 
        amounts as the Secretary determines to be necessary to enable 
        such areas to implement one-stop career systems.
            (2) Restrictions.--A one-stop service area--
                    (A) shall be eligible to receive only 1 grant under 
                this subsection; and
                    (B) shall not be eligible to receive a grant under 
                this subsection if such area is located in a State 
                that--
                            (i) has been provided a grant under 
                        subtitle B; and
                            (ii) has received amounts from such grant 
                        for any fiscal year after the 1st fiscal year 
                        under such grant.
    (b) Establishment of One-Stop Service Areas and Local Consortia.--
            (1) Establishment of one-stop service areas.--A one-stop 
        service area may be established in accordance with 1 of the 
        following methods:
                    (A) A local elected official of a unit of general 
                local government may designate such unit of government 
                as a one-stop service area. Such local elected official 
                shall be designated the chief elected official for such 
                area.
                    (B) 2 or more local elected officials of units of 
                general local government may establish a one-stop 
                service area consisting of such units of government. 
                Such local elected officials shall designate 1 such 
                official to be the chief elected official for such 
                area.
            (2) Establishment of local consortia.--The chief elected 
        official designated under paragraph (1) shall provide for the 
        establishment of a local consortium consisting of 
        representatives of employers, labor organizations, and the 
        programs described in section 242 for the purpose of developing 
        the local plan, designating an administrative entity to 
        administer the one-stop career system for the one-stop service 
        area, and providing for the overall policy guidance of the one-
        stop career system.
    (c) Notification of Interagency Task Force.--The Secretary may 
provide a grant under this section only if the Secretary notifies the 
interagency task force established under section 264 prior to providing 
such grant.
    (d) Period of Grant.--The provision of payments under a grant under 
subsection (a) shall not exceed 3 fiscal years and shall be subject to 
the annual approval of the Secretary and subject to the availability of 
appropriations for the fiscal year involved to make the payments.

SEC. 233. APPLICATION.

    (a) In General.--The Secretary may not provide a grant under 
section 232 to a one-stop service area unless the chief elected 
official designated for such area, on behalf of the local consortium 
established for such area, submits an application to the Secretary at 
such time and in such form as the Secretary may require. The chief 
elected official shall submit the application to the State for review 
and comment before submitting the application to the Secretary.
    (b) Time Limit for State Review and Comment.--
            (1) In general.--The State shall provide for review and 
        comment on the application under subsection (a) not later than 
        30 days after the date on which the State receives the 
        application from the local elected official.
            (2) Submission without state review and comment.--If the 
        State does not provide review and comment within the 30-day 
        time period specified in paragraph (1), the chief elected 
        official may submit the application to the Secretary without 
        first obtaining such review and comment.
    (c) Contents.--Such application shall include--
            (1) a local plan developed by the local consortium for a 
        one-stop career system that is, to the extent appropriate, 
        consistent with the requirements of the State plan for a 
        comprehensive statewide network of one-stop career systems 
        described in section 223(c);
            (2) assurances that the local consortium will update such 
        plan during the period of the grant, as determined to be 
        necessary by the Secretary;
            (3) a request, if the local consortium decides to submit 
        such a request, for a waiver of 1 or more requirements of the 
        provisions of law, as provided for under subtitle E;
            (4) a description of the procedure by which local elected 
        officials, officials administering participating programs, and 
        other appropriate officials, collaborated in the development of 
        the application;
            (5) the comments of the State on the plan, if any; and
            (6) such other information as the Secretary may require.

SEC. 234. REVIEW OF APPLICATION.

    (a) Priority Considerations.--In evaluating applications submitted 
under section 233, the Secretary shall give priority to applications in 
which--
            (1) one-stop service areas are based on labor market areas;
            (2) a large percentage of funds made available to carry out 
        the Federal programs described in section 242 are made 
        available under the one-stop career systems so that services 
        and activities under such programs are fully integrated on a 
        financial and programmatic basis into such systems;
            (3) components of such systems described in subtitle A have 
        already been implemented by the local consortium;
            (4) one-stop career systems will enhance services described 
        in section 243 through the use of more than 3 of the methods of 
        the integration of employment and training programs component 
        described in section 212; and
            (5) a high level of concurrence exists among the 
        individuals described in section 233(c)(4) for the local plan.
    (b) Approval Criteria.--The Secretary shall approve an application 
submitted under section 233 only if such application demonstrates that 
the one-stop career system described in such application is likely to 
successfully implement the basic system components described in 
subtitle A.
    (c) Actions.--
            (1) In general.--In reviewing each application submitted 
        under section 233, the Secretary shall determine whether the 
        application and the plan described in such application meet the 
        approval criteria in subsection (b).
            (2) Actions after affirmative determination.--If the 
        determination under paragraph (1) is affirmative, the Secretary 
        may take 1 or more of the following actions:
                    (A) Provide a grant under section 232 to the one-
                stop service area submitting the application.
                    (B) Approve the request of the one-stop service 
                area, if any, for a waiver in accordance with the 
                procedures set forth in subtitle E.

SEC. 235. USE OF AMOUNTS.

    The Secretary may not provide a grant under section 232 to a one-
stop service area unless the area agrees that it will use all amounts 
from such grant--
            (1) to carry out activities to implement a one-stop career 
        system in accordance with this title; and
            (2) with respect to a one-stop service area located in a 
        State that has received a grant under subtitle B, to integrate 
        such system with the comprehensive statewide network of one-
        stop career systems in such State.

SEC. 236. REPORTS.

    The Secretary may not provide a grant under section 232 to a one-
stop service area unless the area agrees that the area will submit to 
the Secretary such reports as the Secretary may reasonably require, 
including--
            (1) the use of amounts under such grant;
            (2) the achievement of performance standards for the 
        system; and
            (3) the attainment of customer satisfaction in the system,
except that the Secretary may not require more than 1 such report 
during any 3-month period.

                Subtitle D--Administrative Requirements

SEC. 241. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE STRUCTURE.

    (a) Establishment of One-Stop Service Areas.--
            (1) In general.--The Governor shall, after consultation 
        with local elected officials and the State human resource 
        investment council (to the extent such council has been 
        established) or similar entity, establish one-stop service 
        areas for the State in accordance with this section for the 
        purpose of implementing one-stop career systems in such areas.
            (2) Factors to be considered in establishing one-stop 
        service areas.--In establishing one-stop service areas under 
        paragraph (1), the Governor shall consider--
                    (A) the availability of services throughout the 
                State;
                    (B) the capability to coordinate the delivery of 
                services with other job training, human services, and 
                economic development programs;
                    (C) the geographic boundaries of labor market areas 
                within the State; and
                    (D) the geographic boundaries of any concentrated 
                employment program grantee for a rural area described 
                in section 101(a)(4)(A)(iii) of the Job Training 
                Partnership Act (29 U.S.C. 1511(a)(4)(A)(iii)).
            (3) Special rules.--
                    (A) Treatment of service delivery areas and 
                substate areas.--Each service delivery area and 
                substate area within a State shall be included within a 
                one-stop service area or designated as a one-stop 
                service area and no service delivery area and substate 
                area shall be divided among two or more one-stop 
                service delivery areas.
                    (B) Treatment of one-stop service areas established 
                under subtitle c.--Each one-stop service area that has 
                been established under subtitle C shall be designated 
                as a one-stop service area by the Governor under 
                paragraph (1).
            (4) Redesignation.--The Governor may not redesignate one-
        stop service areas established under paragraph (1) more 
        frequently than once every two years.
    (b) Establishment of Local Consortia.--The Governor and the local 
elected official in each one-stop service area, shall provide for the 
establishment of a local consortium in each one-stop service area 
consisting of representatives of employers, labor organizations, and 
the programs described in section 242 for the purpose of providing for 
the overall policy guidance of the one-stop career system in such area, 
including the selection of one-stop service providers.
    (c) Designation of Administrative Entities.--
            (1) Agreement.--
                    (A) In general.--An administrative entity shall be 
                designated, on a biennial basis, for each one-stop 
                service area for the purpose of administering the one-
                stop career system in accordance with an agreement 
                among the Governor, the local elected official or 
                officials, officials administering participating 
                programs, and other appropriate individuals.
                    (B) Multiple officials.--If a one-stop service area 
                is represented by more than one such official, the 
                respective officials shall each designate 
                representatives, in accordance with procedures 
                established by the Governor (after consultation with 
                the State council), to negotiate such agreement.
            (2) Eligibility.--Subject to paragraph (3), an entity shall 
        be eligible for designation as an administrative entity if such 
        entity is a public agency or a private nonprofit organization, 
        including--
                    (A) a private industry council in the one-stop 
                service area;
                    (B) a service delivery area grant recipient or 
                administrative entity under the Job Training 
                Partnership Act (29 U.S.C. 1501 et seq.);
                    (C) a community-based organization;
                    (D) a unit of general local government in the one-
                stop service area or an agency of such unit;
                    (E) a local office of a State agency;
                    (F) a community college or an area vocational 
                school; and
                    (G) a consortium of the entities described in 
                subparagraphs (A) through (E).
            (3) Ineligibility.--An entity shall not be eligible for 
        designation as an administrative entity if such entity is a 
        one-stop service provider that will provide education or 
        training services under the programs described in section 242.

SEC. 242. PARTICIPATING PROGRAMS.

    Subject to the requirements of this Act, officials responsible for 
carrying out programs under the following provisions of law may make 
available to participants in a one-stop career system the services 
described in section 243 that are applicable to such programs and may 
participate in the operation of such system as a party to the 
agreements described in section 245:
            (1) Title I of this Act.
            (2) Title II of the Job Training Partnership Act (29 U.S.C. 
        1601 et seq.).
            (3) Part B of title IV of such Act (29 U.S.C. 1691 et 
        seq.).
            (4) Part C of title IV of such Act (29 U.S.C. 1721).
            (5) Part H of title IV of such Act (29 U.S.C. 1782 et 
        seq.).
            (6) The Act of June 6, 1933 (commonly known as the 
        ``Wagner-Peyser Act''; 29 U.S.C. 49 et seq.).
            (7) The School-to-Work Opportunities Act (20 U.S.C. 6101 et 
        seq.).
            (8) The Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.).
            (9) The Adult Education Act (20 U.S.C. 1201 et seq.).
            (10) Title V of the Older Americans Act of 1965 (42 U.S.C. 
        3056 et seq.).
            (11) Part F of title IV of the Social Security Act (42 
        U.S.C. 681 et seq.).
            (12) Section 6(d)(4) of the Food Stamp Act of 1977.
            (13) Chapter 41 of title 38, United States Code.
            (14) Federal and State unemployment compensation laws.
            (15) State laws providing for employment and training 
        services.
            (16) Other Federal employment and training laws, identified 
        and determined to be appropriate by the interagency task force 
        established under section 264.

SEC. 243. SERVICES.

    (a) Basic Services.--
            (1) In general.--Each one-stop service provider who has 
        entered into an operating agreement pursuant to section 245 
        shall make available to individuals participating in the one-
        stop career system at no cost to such individuals the following 
        basic services:
                    (A) Outreach services to make individuals aware of, 
                and encourage the use of, employment and training 
                services, including--
                            (i) at a minimum, basic information on all 
                        Federal, State, and local employment and 
                        training programs for which individuals may be 
                        eligible; and
                            (ii) efforts to expand awareness of 
                        training and placement opportunities for 
                        limited-English proficient individuals, 
                        disadvantaged youths and adults, displaced 
                        homemakers, and individuals with disabilities.
                    (B) Common intake and orientation relating to 
                information and services available in such system.
                    (C) Subject to paragraph (3), assistance in filing 
                an initial claim for unemployment compensation.
                    (D) Preliminary common assessment of the skill 
                levels (including appropriate testing) and service 
                needs of individuals, which may include such factors as 
                basic skills, occupational skills, prior work 
                experience, employability, interests, aptitudes, and 
                supportive service needs.
                    (E) Information relating to local, regional, and 
                national labor markets, including--
                            (i) job vacancy listings in such markets; 
                        and
                            (ii) information relating to local 
                        occupations in demand and the earnings and 
                        skill requirements for such occupations.
                    (F) Information relating to participating job 
                training and education programs (including student 
                financial assistance), including the eligibility 
                requirements of and services provided by such programs, 
                the availability and quality of such programs, and 
                referrals to such programs, where appropriate.
                    (G) Information collected pursuant to the 
                performance standards and customer feedback 
                requirements of section 246.
                    (H) Assistance in evaluating whether individuals 
                are likely to be eligible for any program participating 
                in the one-stop career system.
                    (I) Information relating to programs and providers 
                of dependent care and other supportive services 
                available in the local area.
                    (J) Provision of an informational packet with 
                respect to eligible programs which explains the rights 
                and responsibilities of the individual and lists the 
                appropriate agency to contact for additional 
                information.
            (2) Additional basic services.--In addition to the services 
        described in paragraph (1), at least 1 one-stop service 
        provider in each one-stop career system who has entered into an 
        operating agreement pursuant to section 245 shall also provide 
        the following additional basic services:
                    (A) Job search assistance, including resume and 
                interview preparation, and workshops.
                    (B) Job referral and job placement assistance.
            (3) Unemployment compensation requirements.--A State that 
        requires the filing of an initial claim for unemployment 
        compensation with an employee of the State agency charged with 
        the administration of the State unemployment compensation law 
        shall provide for--
                    (A) the availability of 1 or more employees of such 
                State agency to each one-stop career system to take 
                such initial claims; or
                    (B) the filing of such initial claims with 
                employees of such State agency from each one-stop 
                career system using telephonic, telefax, or other 
                means.
    (b) Intensive Services.--
            (1) In general.--Subject to paragraph (2), each one-stop 
        service provider who has entered into an operating agreement 
        pursuant to section 245 may, in accordance with the written 
        agreement developed pursuant to such section, provide to 
        individuals participating in the one-stop career system the 
        following intensive services:
                    (A) Comprehensive and specialized assessments of 
                the skill levels and service needs of individuals, 
                which may include--
                            (i) diagnostic testing and other assessment 
                        tools; and
                            (ii) in-depth interviewing and evaluation 
                        to identify employment barriers and appropriate 
                        employment goals.
                    (B) The development of an individual reemployment 
                plan, which shall identify the employment goal 
                (including in appropriate circumstances, nontraditional 
                employment), appropriate achievement objectives, and 
                the appropriate combination of services for a 
                participant to achieve the employment goal.
                    (C) Group counseling, including peer counseling, 
                which may be available to individuals jointly with 
                their immediate families, and which may include 
                counseling relating to stress management and financial 
                management.
                    (D) Individualized counseling and career planning, 
                including peer counseling and counseling and planning 
                relating to nontraditional employment opportunities.
                    (E) Case management for individuals receiving 
                education, training, and supportive services, including 
                periodically reviewing the progress of the individual 
                toward achieving employment goal of such individual.
                    (F) Job development.
                    (G) Out-of-area job search allowances.
                    (H) Relocation allowances.
                    (I) Assistance in the selection of education and 
                training providers.
                    (J) Assistance in obtaining income support for 
                which the individual is eligible, to enable such 
                individual to participate in training.
                    (K) Supportive services.
                    (L) Follow-up counseling for individuals placed in 
                training or employment.
            (2) Additional requirement.--At least 1 one-stop service 
        provider participating in a one-stop career system shall 
        provide both basic services under subsection (a) and the 
        intensive services described in subparagraphs (A), (B), (D), 
        (E), (I), and (J) of paragraph (1) to individuals participating 
        in the one-stop career system.
    (c) Specialized Employer Services.--
            (1) In general.--Each one-stop service provider who has 
        entered into an operating agreement pursuant to section 245 may 
        provide to employers the following services:
                    (A) Customized screening and referral of 
                individuals for employment.
                    (B) Customized assessment of skill levels of the 
                employer's current employees.
                    (C) Analysis of the employer's workforce skill 
                needs.
                    (D) Other specialized employment and training 
                services.
            (2) Job orders.--Each one-stop career system shall 
        establish, pursuant to an agreement under section 245 and in 
        consultation with appropriate officials from the United States 
        Employment Service, a coordinated method for--
                    (A) soliciting, accepting, and disseminating on a 
                statewide basis, job orders submitted by employers in 
                the one-stop service area; and
                    (B) screening and referring applicants in 
                accordance with such orders.
    (d) Additional Services.--Each one-stop service provider who has 
entered into an operating agreement pursuant to section 245 may make 
available such additional services as are specified in the written 
agreement under section 245.

SEC. 244. ONE-STOP SERVICE PROVIDERS.

    (a) In General.--The administrative entity, in agreement with the 
local consortium, shall establish a process for selecting one-stop 
service providers described in subsection (b) for the one-stop career 
system.
    (b) One-Stop Service Provider Described.--Subject to subsection 
(b), for purposes of this title, the term ``one-stop service provider'' 
means a public agency or a private nonprofit organization, including--
            (1) a local office of the State employment security agency;
            (2) a substate grantee under title I of this Act;
            (3) a service delivery area grant recipient or 
        administrative entity under the Job Training Partnership Act 
        (29 U.S.C. 1501 et seq.);
            (4) a community college or area vocational school;
            (5) a community-based organization;
            (6) other private nonprofit and public organizations and 
        entities, including labor organizations; or
            (7) a consortium consisting of 1 or more of the entities 
        described in paragraphs (1) through (6).
    (c) Special Rule.--A local office of the State employment security 
agency, or a consortium including such an office, shall participate in 
a one-stop career system if such office requests such participation and 
meets the performance standards pursuant to section 262.

SEC. 245. OPERATING AGREEMENTS.

    (a) In General.--All one-stop service providers in a one-stop 
career system shall enter into a single written agreement with the 
administrative entity designated under section 241(b) for the purpose 
of providing services under the one-stop career system.
    (b) Approval and Oversight.--
            (1) In general.--Subject to paragraph (2), such agreement 
        shall be subject to the approval of the local elected official 
        designated for the one-stop service area. Such official shall 
        oversee the development of such agreement, ensure that the 
        agreement meets the requirements of this section, and monitor 
        the implementation of such agreement.
            (2) Prior consultation requirement.--The local elected 
        official may not approve an agreement under which services are 
        to be provided in conjunction with services under State 
        programs unless such official consults with the Governor in 
        advance of approval.
    (c) Annual Budget.--The parties to the written agreement described 
under subsection (a) shall supplement such agreement by developing an 
annual budget for the one-stop career system. Such budget shall be 
subject to the approval of the local elected official designated for 
the one-stop service area.
    (d) Contracting Procedures.--The administrative entity shall enter 
into contracts with one-stop service providers for the provision of 
services under the one-stop career system.

SEC. 246. ADDITIONAL STATE RESPONSIBILITIES.

    (a) In General.--Each State implementing a comprehensive statewide 
network of one-stop career systems shall be responsible for developing 
and operating administrative and management systems that promote the 
effective operation of such network.
    (b) Monitoring.--Each such State shall monitor the compliance of 
one-stop service areas within the State with the requirements of this 
title.
    (c) Technical Assistance.--Each such State shall provide such 
technical assistance as deemed necessary to assist the one-stop service 
areas in the State to carry out their responsibilities under this 
title.
    (d) Customer Feedback.--
            (1) Methods.--Each such State shall establish methods for 
        obtaining, on a regular basis, information from individuals and 
        employers who have received services through the comprehensive 
        statewide network of one-stop career systems regarding the 
        effectiveness and quality of such services, including 
        information from various demographic groups and special 
        populations. Such methods may include the use of surveys, 
        interviews, focus groups, and other techniques.
          (2) Analysis and dissemination.--Each such State shall 
        analyze the information obtained pursuant to paragraph (1) on a 
        regular basis and provide a summary of such information 
        accompanied by such analysis to--
                    (A) the local elected official or officials for use 
                in improving the quality of services provided under 
                section 243; and
                    (B) the general public through the local labor 
                market information program established under title III.

SEC. 247. STATE HUMAN RESOURCE INVESTMENT COUNCIL.

    (a) In General.--Not later than 3 years after the date of the 
enactment of this Act, each State shall establish a State human 
resource investment council that meets the requirements of title VII of 
the Job Training Partnership Act (29 U.S.C. 1792 et seq.) or a similar 
entity established prior to the date of the enactment of this Act that 
includes representatives of employers, labor organizations, and 
education and training providers. In addition to carrying out the 
functions required under paragraphs (1) through (3) of section 701 of 
such Act, the council or similar entity shall--
            (1) identify the human investment needs in the State and 
        recommend to the Governor goals for meeting such needs;
            (2) recommend to the Governor goals for the development and 
        coordination of the human resource system in the State;
            (3) prepare and recommend to the Governor a strategic plan 
        to accomplish the goals developed pursuant to paragraphs (2) 
        and (3); and
            (4) monitor the implementation of and evaluate the 
        effectiveness of the strategic plan prepared pursuant to 
        paragraph (3).
    (b) One-Stop Function.--In addition to the functions described in 
subsection (a), the council or similar entity shall advise the Governor 
with respect to all aspects of the development and implementation of 
the comprehensive statewide network of one-stop career systems 
authorized under this title, including--
            (1) assessing the needs of the State with regard to--
                    (A) current and projected demand for workers by 
                occupation;
                    (B) skill levels of the workforce and the needs of 
                business for a skilled workforce;
                    (C) economic development needs of the State; and
                    (D) the type and availability of Federal and State 
                employment and training programs in the State;
            (2) providing advice to the Governor on the designation of 
        one-stop service areas within the State;
            (4) facilitating the provision through appropriate State 
        agencies of grants and technical assistance to local elected 
        officials;
            (5) developing a mechanism for waiving State rules and 
        provisions of law with respect to Federal and State employment 
        and training programs; and
            (6) developing a strategy to collect and utilize 
        information on the effectiveness of Federal and State 
        employment and training programs, and that of individual one-
        stop service providers, and to share such information with 
        customers of such programs.

SEC. 248. POOLING OF ADMINISTRATIVE RESOURCES.

    (a) Submission of Plan.--
            (1) In general.--At any point in the implementation of a 
        comprehensive statewide network of one-stop career systems, a 
        State may, on behalf of 1 or more one-stop service areas in the 
        State, submit to the Secretary a plan for the pooling of 
        administrative funds available to such areas under 2 or more of 
        the programs described in paragraphs (1) through (6) of section 
        242.
            (2) Components of pooling.--Under a plan submitted pursuant 
        to paragraph (1), each participating program described in 
        paragraphs (1) through (6) of section 242 may propose to 
        transfer administrative funds to the one-stop career system and 
        to allocate the amount transferred to the costs of 
        administration under such program at the time of such transfer. 
        Pursuant to such plan, further allocation of the expenditure of 
        such funds to the participating program shall not be required 
        subsequent to the transfer of the funds to the one-stop career 
        center system. Administrative funds that are transferred under 
        such plan shall only be expended for the costs of administering 
        allowable activities under the one-stop career system.
    (b) Approval of Plan.--Notwithstanding section 1301 of title 31, 
United States Code, or any other provision of law, the Secretary may 
approve a plan for the pooling of administrative funds submitted 
pursuant to subsection (a) if the Secretary determines such plan would 
not jeopardize the administration of the participating programs 
transferring such funds and would facilitate the implementation of the 
one-stop career system. After approval of such plan, the Secretary 
shall regularly review the performance of the one-stop service areas 
operating under such plans and shall rescind such approval if the 
Secretary determines that the performance of the one-stop service area 
has been inadequate to justify continuation of the plan or there has 
been a significant adverse effect on the participating programs.
    (c) SESA Real Property.--
            (1) In general.--Upon the approval of the Governor, real 
        property in which, as of July 1, 1995, equity has resulted from 
        funds provided under title III of the Social Security Act, 
        section 903(c) of the Social Security Act (commonly referred to 
        as the Reed Act), or the Wagner-Peyser Act, may be used for the 
        purposes of a one-stop career system.
            (2) Limitation.--Unless otherwise provided in a plan 
        approved pursuant to subsection (b), subsequent to the 
        commencement of the use of the property described in paragraph 
        (1) for the purposes of a one-stop career system, funds 
        provided under the provisions of law described in paragraph (1) 
        may only be used to acquire further equity in such property, or 
        to pay operating and maintenance expenses relating to such 
        property, in proportion to the extent of the use of such 
        property attributable to the activities authorized under such 
        provisions of law.

SEC. 249. LABOR STANDARDS.

    (a) In General.--Except as provided in subsection (b), the labor 
standards described in section 143 shall apply to activities under one-
stop career systems authorized under this title.
    (b) Exception.--Subsection (a) shall not apply with respect to 
activities under participating programs described in section 242 to the 
extent such programs contain labor standards that are equal to or more 
comprehensive than the labor standards described in section 143, as 
determined by the Secretary.

      Subtitle E--Waiver of Statutory and Regulatory Requirements

SEC. 251. STATE, LOCAL CONSORTIUM, AND NATIVE AMERICAN TRIBAL ENTITY 
              REQUESTS AND RESPONSIBILITIES FOR WAIVERS.

    (a) State Request for Waiver.--A State that has applied for a grant 
under subtitle B may submit to the Secretary concerned a request for a 
waiver of 1 or more requirements of the provisions of law referred to 
in section 252, or of the regulations issued under such provisions, in 
order to carry out a comprehensive statewide network of one-stop career 
systems established by such State. The State may submit the request as 
a part of the application described in section 223 (or as an amendment 
to the application at any time after submission of the application) to 
the Secretary of Labor who, in coordination with the interagency task 
force established under section 264, shall forward such request to the 
appropriate Secretary concerned. Such request may include a request for 
different waivers with respect to different areas within the State.
    (b) Local Consortium Request for Waiver.--
            (1) In general.--A local consortium established for a one-
        stop service area that seeks a waiver of such a requirement 
        shall submit an application for such waiver to the State, and 
        the State shall determine whether to submit a request for a 
        waiver to the Secretary concerned, as provided in subsection 
        (a).
            (2) Time limit.--
                    (A) In general.--The State shall make a 
                determination to submit or not submit the request for a 
                waiver under paragraph (1) not later than 30 days after 
                the date on which the State receives the application 
                from the local consortium.
                    (B) Direct submission.--
                            (i) In general.--If the State does not make 
                        a determination to submit or not submit the 
                        request within the 30-day time period specified 
                        in subparagraph (A), the local consortium may 
                        submit the application to the Secretary 
                        concerned.
                            (ii) Requirements.--In submitting such an 
                        application, the local consortium shall, to the 
                        extent practicable, obtain the agreement of the 
                        State involved to comply with the requirements 
                        of section 252(a)(1)(C) and comply with the 
                        other requirements of section 252, as 
                        appropriate, and of subsections (d) and (e), 
                        that would otherwise apply to a State 
                        submitting a request for a waiver. In reviewing 
                        such an application, the Secretary concerned 
                        shall comply with the requirements of such 
                        section and such subsections that would 
                        otherwise apply to the Secretary concerned with 
                        respect to review of such a request.
    (c) Native American Tribal Entity Request for Waiver.--A Native 
American tribal entity that has applied for a grant under subtitle B 
may submit to the Secretary concerned a request for a waiver of 1 or 
more requirements of the provisions of law referred to in section 252, 
or of the regulations issued under such provisions, in order to carry 
out a one-stop career system established by such entity.
    (d) Waiver Criteria.--Any such request by the State shall meet the 
criteria contained in section 252 and shall specify the provisions or 
regulations referred to in such sections with respect to which the 
State seeks a waiver.
    (e) Support by Appropriate State Agencies.--In requesting such a 
waiver, the State shall provide evidence of support for the waiver 
request by the State agencies or officials with jurisdiction over the 
provisions or regulations that would be waived.

SEC. 252. WAIVER AUTHORITY.

    (a) General Waiver Authority.--
            (1) In general.--Except as provided in subsection (b), the 
        Secretary concerned may waive any requirement under any 
        provision of law referred to in subsection (c), or of any 
        regulation issued under such provision, for a State or Native 
        American tribal entity that requests such a waiver under 
        section 251--
                    (A) if, and only to the extent that, the Secretary 
                concerned determines that such requirement impedes the 
                ability of the State, local consortium, or Native 
                American tribal entity, as the case may be, to carry 
                out the purposes of this title;
                    (B) if the State or tribal entity provides the 
                Secretary concerned with documentation of the necessity 
                for the waiver, including information concerning--
                            (i) the specific requirement that will be 
                        waived;
                            (ii) the specific positive outcomes 
                        expected from the waiver and why those outcomes 
                        cannot be achieved while complying with the 
                        requirement;
                            (iii) the process that will be used to 
                        monitor the progress of the State, local 
                        consortium, or tribal entity, as the case may 
                        be, in implementing the waiver; and
                            (iv) such other information as the 
                        Secretary concerned may require;
                    (C) if the State waives, or agrees to waive, 
                similar requirements of State law; and
                    (D) if the State--
                            (i) has provided the State human resource 
                        investment council or similar entity and all 
                        local consortia and tribal entities that carry 
                        out programs under this title in the State with 
                        notice and an opportunity to comment on the 
                        proposal of the State to seek a waiver;
                            (ii) provides to advocacy and civil rights 
                        groups, and labor and business organizations an 
                        opportunity to comment on the proposal of the 
                        State to seek a waiver not later than 30 days 
                        after the date on which such State decides to 
                        seek such waiver; and
                            (iii) has submitted the comments of the 
                        local consortium to the Secretary concerned.
            (2) Coordination with prior and pending requests.--Prior to 
        approving or disapproving a request submitted by a State or 
        Native American tribal entity pursuant to paragraph (1), the 
        Secretary concerned shall review all prior requests submitted 
        by such State or tribal entity and all pending requests 
        submitted by such State or tribal entity, as the case may be, 
        to each Secretary concerned to ensure that the approval of the 
        request in question will be consistent with such prior and 
        pending requests.
            (3) Approval or disapproval.--The Secretary concerned shall 
        promptly approve or disapprove any request submitted pursuant 
        to paragraph (1) and shall issue a decision that shall--
                    (A) include the reasons for approving or 
                disapproving the request, including a response to 
                comments on the proposal; and
                    (B) in the case of a decision to approve the 
                request, be published in the Federal Register and be 
                disseminated by the State seeking the waiver to 
                interested parties, including advocacy and civil rights 
                organizations, labor and business organizations, and 
                the public.
            (4) Term.--Each waiver approved pursuant to this subsection 
        shall be for a period not to exceed 3 years, except that the 
        Secretary concerned may extend such period if such Secretary 
        determines that the waiver has been effective in enabling the 
        State, local consortium, or Native American tribal entity, as 
        the case may be, to carry out the purposes of this title.
    (b) Expedited Waiver Authority.--
            (1) In general.--The Secretary concerned may, using an 
        expedited process, waive any applicable requirement under any 
        provision of law referred to in subsection (c), or of any 
        regulation issued under such provision, for a State or Native 
        American tribal entity that requests such a waiver under 
        section 251--
                    (A) if the State or tribal entity provides the 
                Secretary concerned with information concerning the 
                process that will be used to monitor the progress of 
                the State, local consortium, or tribal entity, as the 
                case may be, in implementing the waiver; and
                    (B) if the State waives, or agrees to waive, 
                similar requirements of State law.
            (2) Term.--Each waiver approved pursuant to this subsection 
        shall be for a period not to exceed 3 years, except that the 
        Secretary concerned may extend such period if such Secretary 
        determines that the waiver has been effective in enabling the 
        State, local consortium, or Native American tribal entity, as 
        the case may be, to carry out the purposes of this title.
            (3) Applicable requirement defined.--For purposes of this 
        subsection, the term ``applicable requirement'' means a 
        requirement designated under section 264(b)(3) that has been 
        published in the Federal Register as a final requirement under 
        section 264(b)(4).
    (c) Included Programs.--
            (1) In general.--The provisions subject to the waiver 
        authority of this section are the following provisions of law:
                    (A) Title I of this Act.
                    (B) Title II of the Job Training Partnership Act 
                (29 U.S.C. 1601 et seq.).
                    (C) Part B of title IV of such Act (29 U.S.C. 1691 
                et seq.).
                    (D) Part C of title IV of such Act (29 U.S.C. 
                1721).
                    (E) Part H of title IV of such Act (29 U.S.C. 1782 
                et seq.).
                    (F) The Act of June 6, 1933 (commonly known as the 
                ``Wagner-Peyser Act''; 29 U.S.C. 49 et seq.).
                    (G) The School-to-Work Opportunities Act (20 U.S.C. 
                6101 et seq.).
                    (H) The Carl D. Perkins Vocational and Applied 
                Technology Education Act (20 U.S.C. 2301 et seq.).
                    (I) The Adult Education Act (20 U.S.C. 1201 et 
                seq.).
                    (J) Title V of the Older Americans Act of 1965 (42 
                U.S.C. 3056 et seq.).
                    (K) Part F of title IV of the Social Security Act 
                (42 U.S.C. 681 et seq.).
            (2) Circulars and related regulations.--In addition to the 
        provisions of law described in paragraph (1), the Secretary of 
        Labor may, notwithstanding any other provision of law, waive 
        any requirement under the following Office of Management and 
        Budget circulars (or any successor administrative regulations 
        or policies) or regulations for a State or Native American 
        tribal entity that requests such a waiver under section 251:
                    (A) Circular A-87 (relating to cost principles for 
                State and local governments).
                    (B) Circular A-102 (relating to grants and 
                cooperative agreements with State and local 
                government).
                    (C) Circular A-122 (relating to non-profit 
                organizations).
                    (D) Part 97 of title 29, Code of Federal 
                Regulations (relating to uniform administrative 
                regulations for grants and cooperative agreements to 
                States and local governments).
    (d) Waivers Not Authorized.--The Secretary concerned may not waive 
any requirement of any provision referred to in subsection (c), or of 
any regulation issued under such provision, relating to--
            (1) the basic purposes or goals of such provision;
            (2) maintenance of effort;
            (3) the formula allocation of funds under a program under 
        such provision;
            (4) the eligibility of an individual for participation in a 
        program under such provision;
            (5) public and individual health or safety, labor 
        standards, occupational safety and health, or environmental 
        protection;
            (6) prohibitions or restrictions relating to the 
        acquisition of real property or the acquisition or construction 
        of buildings or facilities;
            (7) any constitutional or statutory right of an individual, 
        including any right under--
                    (A) title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.);
                    (B) title IX of the Education Amendments of 1972 
                (86 Stat. 373 et seq.);
                    (C) the Age Discrimination Act of 1975 (42 U.S.C. 
                6101 et seq.); or
                    (D) the Americans with Disabilities Act of 1990;
            (8) civil rights and nondiscrimination;
            (9) affirmative action;
            (10) environmental protection;
            (11) labor relations;
            (12) pensions;
            (13) Federal taxation; or
            (14) anti-displacement.
    (e) Termination of Waivers.--The Secretary concerned shall 
periodically review the performance of any State, local consortium, or 
Native American tribal entity for which the Secretary concerned has 
granted a waiver under this section and shall terminate the waiver 
under this section if the Secretary concerned determines that the 
performance of the State, local consortium, or tribal entity, as the 
case may be, that is affected by the waiver has been inadequate to 
justify a continuation of the waiver, or the State fails to waive 
similar requirements of State law as required or agreed to in 
accordance with subsection (a)(1)(C) or subsection (b)(1)(B).
    (f) Secretary Concerned Defined.--For purposes of this section, the 
term ``Secretary concerned'' means--
            (1) with respect to requests for waivers of requirements 
        under provisions of law referred to in subparagraphs (A) 
        through (F) of subsection (c)(1), or of any regulation issued 
        under such provisions, the Secretary of Labor;
            (2) with respect to requests for waivers of requirements 
        under the provision of law referred to in subparagraph (G) of 
        subsection (c)(1), or of any regulation issued under such 
        provision, the Secretary of Labor and the Secretary of 
        Education;
            (3) with respect to requests for waivers of requirements 
        under provisions of law referred to in subparagraphs (H) and 
        (I) of subsection (c)(1), or of any regulation issued under 
        such provisions, the Secretary of Education; and
            (4) with respect to requests for waivers of requirements 
        under provisions of law referred to in subparagraphs (J) and 
        (K) of subsection (c)(1), or of any regulation issued under 
        such provisions, the Secretary of Health and Human Services.

                     Subtitle F--National Programs

SEC. 261. OVERSIGHT.

    The Secretary is authorized to monitor all recipients of financial 
assistance under this title to determine whether such recipients are 
complying with the provisions of this title.

SEC. 262. PERFORMANCE STANDARDS AND EVALUATION.

    (a) Performance Standards.--
            (1) In general.--Not later than July 1, 1996, the 
        Secretary, after consultation with Governors, local elected 
        officials, and one-stop service providers described in section 
        244, shall prescribe performance standards relating to the 
        establishment and operation of one-stop career systems. Such 
        standards shall be coordinated with performance standards for 
        programs described in section 242 and shall be based on factors 
        the Secretary determines to be appropriate, which may include--
                    (A) placement, retention and earnings of 
                participants from various demographic groups in 
                unsubsidized employment, including--
                            (i) wages and benefits at a specified 
                        period after termination from the program;
                            (ii) full-time and part-time employment; 
                        and
                            (iii) comparability of wages at a specified 
                        period after termination from the program with 
                        wages prior to participation in the program;
                    (B) the provision of services to hard-to-serve 
                populations such as individuals who are basic skills 
                deficient, school dropouts, individuals with 
                disabilities, older workers with obsolete skills, 
                economically disadvantaged individuals, displaced 
                homemakers, and other individuals who face serious 
                barriers to employment;
                    (C) acquisition of skills pursuant to a skill 
                standards and skill certification system endorsed by 
                the National Skill Standards Board established under 
                the Goals 2000: Educate America Act;
                    (D) satisfaction of participants with services 
                provided and the employment outcomes;
                    (E) satisfaction of employers with job performance 
                of individuals placed; and
                    (F) measures of the cost efficiency of the one-stop 
                career centers.
            (2) Standards relating to integration.--The Secretary, 
        after consultation with Governors, local elected officials, and 
        one-stop service providers described in section 244, shall 
        prescribe performance standards relating to the integration of 
        financial and non-financial resources, program services, and 
        delivery systems, including the extent to which a large 
        percentage of funds made available to carry out the Federal 
        programs described in section 242 are made available under the 
        one-stop carrier systems. Such standards shall be based on 
        factors the Secretary determines to be appropriate, which may 
        include the use of--
                    (A) common intake methodology;
                    (B) common assessment methodology;
                    (C) cross training of staff for joint service 
                delivery;
                    (D) integrated job development and placement for 
                multiple programs;
                    (E) integrated employability development teams from 
                multiple programs under different provisions of law 
                with primary client responsibility lodged with primary 
                funding source for the client;
                    (F) joint purchasing and integrated contracting for 
                expert systems and services;
                    (G) co-location of services or multiple points of 
                entry into a unified system;
                    (H) joint development and utilization of data on 
                performance by one-stop service providers;
                    (I) individual service accounts which integrate 
                funds from various programs to permit the financing and 
                management of comprehensive individualized 
                employability plans; and
                    (J) technology applications which promote and 
                permit information exchange across a variety of program 
                funding streams.
            (3) Adjustments.--Each Governor may, within parameters 
        established by the Secretary, prescribe adjustments to the 
        performance standards prescribed under paragraph (1) for the 
        one-stop career systems established in the State based on--
                    (A) specific economic, geographic and demographic 
                factors in the State and in one-stop service areas 
                within the State;
                    (B) the characteristics of the population to be 
                served, including the demonstrated difficulties in 
                serving populations with barriers to employment; and
                    (C) the types of services to be provided.
            (4) Failure to meet standards.--
                    (A) Uniform criteria.--The Secretary shall 
                establish uniform criteria for determining whether a 
                one-stop career system fails to meet performance 
                standards under this section.
                    (B) Technical assistance.--The Governor shall 
                provide technical assistance to one-stop career systems 
                failing to meet performance standards under the uniform 
                criteria established under subparagraph (A).
                    (C) Remedial action.--The Secretary shall establish 
                procedures for the provision of remedial action for 
                one-stop career systems that continue to fail to meet 
                such performance standards for two consecutive program 
                years, including the termination of grants, contracts, 
                or other agreements.
                    (D) Report on performance.--Each Governor shall 
                report to the Secretary, at such intervals and in such 
                manner as the Secretary may determine, the final 
                performance standards and performance for each one-stop 
                career system within the State, along with the 
                technical assistance planned and provided as required 
                under subparagraph (B).
    (b) Evaluation.--
            (1) In general.--The Secretary shall provide for the 
        continuing evaluation of programs conducted under this title, 
        including the cost-effectiveness of programs in achieving the 
        purposes of this title.
            (2) National evaluation.--Not later than September 30, 
        2000, the Secretary shall complete a national evaluation of 
        grants provided under subtitles B and C that will assess the 
        progress of implementation of State and local programs and 
        their effectiveness based on performance standards established 
        by the Secretary under subsection (a).
            (3) Techniques.--
                    (A) Methods.--Evaluations conducted under 
                paragraphs (1) and (2) shall use recognized statistical 
                methods and techniques of the behavioral and social 
                sciences, including methodologies that control for 
                self-selection, where feasible.
                    (B) Analysis.--Such evaluations may include cost 
                benefit analyses of programs and analyses of--
                            (i) the impact of the programs on 
                        participants and the community;
                            (ii) the extent to which programs meet the 
                        needs of various demographic groups; and
                            (iii) the effectiveness of delivery systems 
                        used by various groups.

SEC. 263. CAPACITY BUILDING AND TECHNICAL ASSISTANCE.

    (a) In General.--From amounts appropriated pursuant to the 
authorization of appropriations in section 3(b) for a fiscal year, the 
Secretary shall reserve an amount equal to 7 percent of such amounts 
appropriated for such fiscal year to provide, utilizing 
telecommunications and computer technology, the extent possible, staff 
training and technical assistance to States, one-stop career systems, 
community-based organizations, business and labor organizations, one-
stop service providers, industry consortia, and other entities, to 
enhance the capacity of such entities to develop and implement 
effective one-stop career systems.
    (b) Integration.--The Secretary shall fully integrate the staff 
training and technical assistance provided under subsection (a) with 
the activities of the Capacity Building and Information and 
Dissemination Network established under section 453 of the Job Training 
Partnership Act (29 U.S.C. 1733).

SEC. 264. INTERAGENCY TASK FORCE RELATING TO WAIVER REQUESTS.

    (a) Establishment.--The Secretary of Labor, the Secretary of 
Education, and the Secretary of Health and Human Services shall 
establish an interagency task force (hereafter in this section referred 
to as the ``task force'').
    (b) Identification and Designation of Requirements of Provisions of 
Law and Regulations Subject to Expedited Waiver Authority.--The task 
force, in consultation with the National Commission on Employment 
Policy, shall--
            (1) identify initial requirements under the provisions of 
        law described in section 242 and (including requirements 
        relating to definitions, cost classifications, and program 
        cycles) or of any regulation issued under such provisions, that 
        impede the ability of States and one-stop service areas to 
        carry out the purposes of this title;
            (2) publish such requirements in the Federal Register for 
        the purpose of providing interested individuals and entities an 
        opportunity to review such requirements and provide comments 
        with respect to such requirements to the task force;
            (3) based upon such comments, designate such requirements 
        as final requirements subject to the expedited waiver authority 
        under section 252(b), to the extent appropriate; and
            (4) publish such final requirements in the Federal 
        Register.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the task force shall submit to the Congress 
a report containing recommendations for proposed legislation to 
simplify, coordinate, or eliminate 1 or more of the final requirements 
designated under subsection (b)(4) that impede the ability of States 
and one-stop service areas to carry out the purposes of this title.

  TITLE III--NATIONAL LABOR MARKET INFORMATION PROGRAM FOR STATES AND 
                               LOCALITIES

SEC. 301. PURPOSES.

    The purposes of this title are--
            (1) to establish a national, State, regional and local 
        labor market information program that will promote the 
        consolidation and coordination of existing labor market 
        information programs and develop new databases in furtherance 
        of this title and section 113, as the Secretary determines is 
        practicable and useful to all users of the information;
            (2) to provide for the development, maintenance, and 
        continuous improvement of a nationwide system for the 
        collection, analysis, and dissemination of locally based labor 
        market information;
            (3) to create a cooperative Federal/State/local governance 
        structure for the planning, administration, and evaluation of 
        the labor market information system; and
            (4) to provide funding for the labor market information 
        system to the extent required for--
                    (A) the planning, development, implementation, and 
                evaluation of workforce development policies and 
                programs; and
                    (B) the achievement of the National Strategy in 
                section 302.

SEC. 302. NATIONAL STRATEGY.

    (a) In General.--The Secretary shall develop, in coordination with 
Governors and appropriate Federal, State, regional, and local officials 
and entities, a strategy to establish a program, administered by the 
Office of Labor Market Information within the Department of Labor 
established under subsection (c), in order to develop a nationwide 
system of State, regional and local labor market information that 
accomplishes the purpose described in section 301 and carries out the 
activities described in this section and section 303. In addition, such 
strategy shall be designed to fulfill the labor market information 
requirements of the Job Training Partnership Act, title I of this Act, 
the Carl D. Perkins Vocational and Applied Technology Education Act, 
and other appropriate Federal programs.
    (b) Implementation.--In implementing the strategies described in 
subsection (a), the Secretary is authorized to enter into contracts and 
intergovernmental cooperative agreements, award grants and foster the 
creation of public-private partnerships, using funds authorized under 
this title and funds otherwise available for such purposes. In 
addition, the Secretary may conduct research and demonstration projects 
to assist in such implementation.
    (c) Office of Labor Market Information.--
            (1) Establishment.--There is hereby established within the 
        Department of Labor an Office of Labor Market Information to 
        have overall policy, coordination, and funding responsibilities 
        for the labor market information system described in subsection 
        (a).
            (2) Duties.--The Office shall, with respect to data 
        collection, analysis, and dissemination of labor market 
        information--
                    (A) continuously review the current and proposed 
                activities of departmental entities in order to--
                            (i) eliminate gaps and duplication in 
                        statistical undertakings, with the 
                        systemization of wage surveys as an early 
                        priority;
                            (ii) recommend any needed improvements in 
                        administrative reporting systems to support the 
                        development of labor market information from 
                        their data; and
                            (iii) ensure that all departmental entities 
                        use the common structures for data collection 
                        and analysis and for employment resources;
                    (B) manage the investment in labor market 
                information by--
                            (i) developing a comprehensive annual 
                        budget, including funds at the Federal level, 
                        funds allotted to States by formula, and funds 
                        supplied to the States by contracts with 
                        departmental entities;
                            (ii) administering grants allotted to 
                        States in a cooperative agreement with each 
                        State in a manner similar to such agreements 
                        between the Department of Labor and the State 
                        agency responsible for the Federal-State 
                        cooperative statistical program; and
                            (iii) overseeing the negotiation and 
                        execution of contracts between departmental 
                        entities and the States, while ensuring State 
                        maximum flexibility within the standards of 
                        consistency.
            (3) Additional duties.--In carrying out its duties, the 
        Office shall--
                    (A) establish and maintain, with the cooperation of 
                the States, the components specified in section 303;
                    (B) coordinate statistical and administrative data 
                collection activities to enable a comprehensive labor 
                market information system; and
                    (C) ensure that--
                            (i) administrative records are standardized 
                        to facilitate the aggregation of data from 
                        local to State and national levels and to 
                        support the possible creation of new 
                        statistical series from program records;
                            (ii) paperwork and reporting requirements 
                        on employers and individuals are reduced;
                            (iii) automated technology is used by 
                        Federal and State agencies; and
                            (iv) the appropriate dissemination of 
                        results from research studies and demonstration 
                        projects, feedback from surveys of customer 
                        satisfaction, education and training provider 
                        performance data, and other relevant 
                        information that promotes improvement in the 
                        quality of labor market information.

SEC. 303. COMPONENTS OF PROGRAM.

    (a) In General.--The Secretary, in coordination with Governors and 
appropriate Federal, State, regional and local officials and entities, 
and public-private partnerships, shall design and implement a strategy 
for creating and sustaining a program for a system of national, State, 
regional and local labor market information.
    (b) Program Content.--The labor market information program shall 
include a common core set of current, comprehensive, localized, and 
automated data on--
            (1) labor market demand including--
                    (A) profiles of occupations that describe job 
                duties, education and training requirements, skills, 
                wages, benefits, working conditions, and the industrial 
                distribution of occupations;
                    (B) current and projected employment opportunities 
                and trends, by industry and occupation including growth 
                projections by industry, and growth and replacement 
                need projections by occupation;
                    (C) job openings, job locations, hiring 
                requirements and application procedures;
                    (D) profiles of industries and employers in the 
                local labor market describing the nature of the work 
                performed, employment skill and experience 
                requirements, specific occupations, wages, hours and 
                benefits, and hiring patterns; and
                    (E) industries, occupations and geographic 
                locations facing significant change or dislocation;
            (2) labor market supply including--
                    (A) educational attainment, training, skills, skill 
                levels, and occupations of the population;
                    (B) demographic, socioeconomic characteristics, and 
                current employment status of the population, including 
                self-employed, part-time, and seasonal workers;
                    (C) job seekers, including their education and 
                training, skills, skill levels, employment experience, 
                and employment goals;
                    (D) the number of workers displaced by permanent 
                layoffs and plant closings by industry, occupation, and 
                geographic location; and
                    (E) current and projected training completers who 
                have acquired specific occupational and or work skills 
                and competencies; and
            (3) consumer information which shall be in a form useful 
        for immediate employment search, entry into training and 
        education programs and career exploration including--
                    (A) the availability of education courses, training 
                programs and job placement programs and support 
                services;
                    (B) the quality of education/training programs and 
                service providers based on student and employer 
                satisfaction, and statistically based performance 
                evaluations of job placement rates and retention, wages 
                at placement and one year after completion, and other 
                elements of program quality;
                    (C) the quality of one-stop career systems and 
                other providers of reemployment services based on 
                customer satisfaction measures; and
                    (D) Automated systems to permit easy determination 
                of eligibility for funding and other assistance in job 
                training, job search, income support, supportive 
                services and other reemployment services.
    (c) Technical Standards.--The Secretary, in cooperation with 
Governors and labor market information users, shall promulgate 
standards necessary to promote efficient exchange of information 
between the local, regional, State and national levels, including such 
standards as may be required to ensure that data are comparable. Such 
standards shall be designed to ensure that there is appropriate access 
to local, State, regional, and national data, subject to 
confidentiality constraints. In issuing such technical standards, the 
Secretary shall meet the requirements of chapter 35 of Title 44, United 
States Code, and ensure coordination and consistency with other 
appropriate Federal standards established by the Bureau of Labor 
Statistics. The Bureau of Labor Statistics shall be responsible for 
providing technical assistance and training to States to assure the 
statistical reliability and uniform standards of the labor market 
information program.
    (d) Consumer Reports.--The Secretary, in consultation with the 
Secretary of Education and other appropriate Federal agencies, 
Governors, and State and local governments, shall set standards for the 
required reports and create a mechanism for collection and 
dissemination of the consumer reports described in subsection (a)(6).
    (e) Evaluation.--The Secretary shall designate an advisory group of 
labor market information specialists representing national, State, 
regional and local users and producers of labor market information to 
be responsible to provide for the evaluation of the procedures, 
products and services under this title, including their cost-
effectiveness and the level of customer satisfaction. Such evaluations 
may include--
            (1) analyses of the precision of estimates produced or 
        collected under this title;
            (2) examination of the uses of the data by job seekers, 
        employers, educators, career counselors, public and private 
        training providers, economic development planners, and public 
        agencies and institutions;
            (3) the appropriateness of such uses; and
            (4) the relative costs and benefits of the data.
    (f) Information Dissemination.--Data contained in the labor market 
information program shall be made available in automated information 
delivery systems and dissemination mechanisms for data and analysis 
shall be developed, maintained, and continuously improved.

SEC. 304. COORDINATION.

    To ensure the appropriate coordination, implementation and 
integration of labor market information programs nationwide, the 
Secretary shall--
            (1) coordinate the activities of Federal agencies 
        responsible for the collection and dissemination of labor 
        market information at the national, State, regional and local 
        level;
            (2) determine, on an annual basis, the resources, needed to 
        establish and maintain a national, State, regional and local 
        labor market information program, and, as feasible, enter into 
        a cooperative agreement with each State in a manner similar to 
        such agreements between the Bureau of Labor Statistics, and the 
        State agency responsible for the Federal-State cooperative 
        statistical program; and
            (3) ensure the appropriate dissemination of results from 
        research studies and demonstration projects, feedback from 
        surveys of customer satisfaction, education and training 
        provider performance data, and other relevant information that 
        promotes improvement in the quality of labor market 
        information.

                     TITLE IV--TECHNICAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
July 1, 1995, or the date of the enactment of this Act, whichever 
occurs later.

SEC. 402. SUNSET.

    The authority provided by titles II and III shall terminate on 
October 1, 2003.
                                 <all>
HR 5166 IH----2
HR 5166 IH----3
HR 5166 IH----4
HR 5166 IH----5
HR 5166 IH----6
HR 5166 IH----7
HR 5166 IH----8
HR 5166 IH----9
HR 5166 IH----10
HR 5166 IH----11
HR 5166 IH----12
HR 5166 IH----13
HR 5166 IH----14
HR 5166 IH----15
HR 5166 IH----16
```